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The Defenses To Product Liability Essay Assignment Paper

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Write a paragraph or more for each numbered question below (and for each lettered sub-question where applicable). Do not copy directly from the book--explain in your own words. please label the question numbers/sub-questions.







(Chapters 7 and 9)

1. Discuss the following: The Defenses To Product Liability Essay Assignment Paper

a.

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The Defenses To Product Liability Essay Assignment Paper

Question

Write a paragraph or more for each numbered question below (and for each lettered sub-question where applicable). Do not copy directly from the book--explain in your own words. please label the question numbers/sub-questions.
(Chapters 7 and 9) 1. Discuss the following: The Defenses To Product Liability Essay Assignment Paper a. "abnormally dangerous activities" b. the six (6) requirements for an action in strict product liability c. "misrepresentation" 2. Name and discuss all the defenses to product liability.

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a. Abnormally dangerous activities refer to the activities that pose a high risk of harm to others, even if they are carried out with the utmost care. Such activities are not common in everyday life, and their potential harm is so significant that they cannot be made safe even with the use of reasonable care. Examples of abnormally dangerous activities include blasting, storing and transporting hazardous chemicals, and using explosives. Liability for harm caused by such activities is usually strict, meaning that the injured party does not have to prove negligence to recover damages. b. The six requirements for an action in strict product liability are as follows: i. The product was defective when it left the manufacturer's control ii. The defect made the product unreasonably dangerous iii. The defect caused the plaintiff's injuries iv. The product was being used as intended or in a reasonably foreseeable way v. The plaintiff suffered actual harm or damages vi. The defect existed at the time the product left the manufacturer's control and was not altered afterward. c. Misrepresentation refers to a situation where a manufacturer or seller makes a false statement or representation about the product that induces the buyer to purchase it. Such misrepresentations can be about the quality, performance, or safety of the product. If the misrepresentation is material, meaning that it would have influenced the buyer's decision to purchase the product, and the buyer suffered harm as a result, then the manufacturer or seller can be held liable for the harm caused.
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The defenses to product liability include the following: i. Assumption of the risk: This defense applies when the plaintiff voluntarily assumed the risk of injury associated with using the product. To be successful, the defendant must prove that the plaintiff knew and appreciated the risk and chose to use the product anyway. ii. Comparative negligence: This defense applies when the plaintiff's own negligence contributed to their injuries. Under comparative negligence, the plaintiff's damages are reduced by the percentage of fault attributed to them. iii. Product misuse: This defense applies when the plaintiff used the product in a way that was not reasonably foreseeable by the manufacturer, and the misuse caused their injuries. iv. Statute of limitations: This defense applies when the plaintiff's claim is barred by the time limit set by law for bringing such claims. v. State of the art: This defense applies when the product was manufactured according to the best available technology and knowledge at the time, and the defect was not known or foreseeable at that time. vi. Contributory negligence: This defense is similar to comparative negligence but is more strict. Under contributory negligence, if the plaintiff is found to be even slightly at fault, they cannot recover damages from the defendant. This defense is rarely used today, as most states have adopted comparative negligenceThe Defenses To Product Liability Essay Assignment Paper.
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The Defenses To Product Liability Essay Assignment Paper

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