Chapter 20 Products Liability
Library | Torts (OSBar) (2012 Ed.) |
DOMINICK VETRI, B.S.M.E., New Jersey Institute of Technology (1960); J.D., University of Pennsylvania (1964); member of the Oregon State Bar since 1977; professor of law, University of Oregon, Eugene.
SCOTT C. LUCAS, B.A., University of California, San Diego (1988); J.D., University of Oregon School of Law (1996); member of the Oregon State Bar since 1997; partner, Johnson Clifton Larson & Schaller, Eugene.
The authors wish to acknowledge the excellent research assistance of Charley Gee.
§20.1 INTRODUCTION...................................................................20-6
§20.2 PRODUCTS LIABILITY: A HISTORICAL OVERVIEW............................................................................ 20-8
§20.2-1 Before Codification of §402A....................................20-9
§20.2-2 After Codification of §402A.....................................20-13
§20.3 PARTIES...............................................................................20-15
§20.3-1 Who Are Proper Plaintiffs?—Persons Entitled to Recover................................................................. 20-15
§20.3-1(a) Strict Tort Products Liability........................20-15
§20.3-1(b) Negligence....................................................20-16
§20.3-1(c) Breach of Warranty.......................................20-17
§20.3-2 Who Are Proper Defendants?—Persons Liable.......20-18
§20.3-2(a) Strict Tort Products Liability........................20-18
§20.3-2(a)(1) Sellers and Lessors..........................20-18
§20.3-2(a)(2) Service Providers............................20-20
§20.3-2(a)(3) Medical Service Providers..............20-21
§20.3-2(a)(4) Component-Part Manufacturers......20-21
§20.3-2(a)(5) Used-Goods Sellers.........................20-23
§20.3-2(a)(6) Successor Liability..........................20-24
§20.3-2(b) Negligence....................................................20-26
§20.3-2(c) Breach of Warranty.......................................20-27
§20.4 THEORIES OF LIABILITY: PLEADING AND PROVING A CLAIM FOR RELIEF.....................................20-28
§20.4-1 The Strict Tort Liability Claim.................................20-28
§20.4-1(a) Unreasonably Dangerous Condition.............20-29
§20.4-1(a)(1) Manufacturing Defects....................20-30
§20.4-1(a)(2) Design Defects................................20-33
§20.4-1(a)(3) Warning Defects..............................20-41
§20.4-1(a)(4) Indeterminate...
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- Chapter 20 Products Liability
- §20.1 Introduction
- §20.2 Products Liability: a Historical Overview
- §20.3 Parties
- §20.4 Theories of Liability: Pleading and Proving a Claim for Relief
- §20.5 Defenses
- §20.6 Limitations on Damages in Strict Tort Products Liability
- §20.7 Evidentiary Issues Created by Substantive Products Liability Law
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