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Product Liability - PowerPoint PPT Presentation


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Product Liability. Common Law “Caveat Emptor” Privity Court Law Legislation. Product Liability. Negligence Strict Liability Product defects Manufacturing Design Marketing. Product Liability. Absolute liability Market-share liability. Product Liability. Exceptions Public Policy

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Presentation Transcript
product liability
Product Liability
  • Common Law
    • “Caveat Emptor”
    • Privity
  • Court Law
  • Legislation
product liability1
Product Liability
  • Negligence
  • Strict Liability
    • Product defects
      • Manufacturing
      • Design
      • Marketing
product liability2
Product Liability
  • Absolute liability
  • Market-share liability
product liability3
Product Liability
  • Exceptions
  • Public Policy
  • Consequences
product liability4
Product Liability
  • Reform proposals
    • Uniform federal standards
    • Burden of proof shift
    • Eliminate specific bases for some claims
    • Loser pays legal fees
    • Cap punitive damages
deceptive trade practices act
Deceptive Trade Practices Act
  • False representation
  • Exculpation
    • Written
    • 2 year statute of repose
product liability5
Product Liability
  • International Differences
    • EU
      • Strict liability in 1988
      • Capped damages
    • Japan
      • 1995 Act
      • Design or manufacturing negligence
    • US
      • Jury trials
      • Contingency Fees
      • Punitive Damages
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