How to Ace FYLSE/2006 F Q1
Fact Summary
[edit | edit source]A manufactures a car with an airbag which A knew to be dangerous to children. Despite two safer technologies available, A installed neither. O bought A's car and O's child C was seriously injured by the inflating airbag.
Outline
[edit | edit source]Products Liability
[edit | edit source]Strict Products Liability
[edit | edit source]- Proper defendant- commercial seller (manufacturer or distributor)
- Proper plaintiff - foreseeable user or consumer
- defective condition
- Design Defect
- Manufacturing defect
- failure to warn
- Causation
- actual
- proximate
- damage
Defenses
[edit | edit source]- Assumption of Risk