Key Terms
DEFINITION
Product liability cases address situations where products — not people — cause injury.
Plaintiff must show
An alternative design was reasonable.
Litigation focuses on
(1) what risks were foreseeable, and (2) whether an alternative design was reasonable.
Example that works
Someone cutting carrots with a sharp knife assumes the risk of being cut by the knife.
Example
Modifying a lawn mower to operate as a go-kart is unforeseeable product misuse — manufacturer is not liable.
Intent can be transferred
If you swing at one person and hit another, the victim has a claim even though you didn't intend to hit them.
Actual cause (but-for test)
But for the defendant's actions, would the plaintiff have been injured? If yes, actual cause is established.
Proximate cause
The harm must be closely enough related to the defendant's conduct to justify liability. Intervening, unforeseeable even