Product liability
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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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Product Liability

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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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