Professional Documents
Culture Documents
Defect
Characteristics
Tests for
Defective
Design
Resulting
Theories
Liability
Viewpoints
Consumer
expectations (2nd
Rest. 402(a))
Strict
liability or
negligence
Plaintiff
view: high
science/state
of the art
strict liability
or
negligence.
Manufacture/
Construction
Reasonable
Alternative
Design (3rd Rest.
2(b))
Negligence
Defendant
view:
reasonably
prudent
manufacturer
negligence
Warnings/
Instruction
Risk-Utility
Analysis with
RAD as a nonmandatory factor
(402(a))
Hand,
Cardozo/A
ndrews
Traynor
Analysis
Negligence
Design
Implied
Warranty
DEFECT
Express
Warranty
Causation
Injury
Strict Liability
(2nd Rest.
402(a)/3rd Rest.
2(b): RAD)
Labeling (machine
tool plate)
Packaging
Post sale due care
obligations
84