COMM 315 Lecture Notes - Lecture 5: Dog Bite, Contributory Negligence, Product Liability
2 Feb 2017
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The manufacturer is not liable if victim: knew (i. e. there was sufficient indication), or, could have known. Because there was sufficient indication but didn"t read, or. Because the victim has intrinsic knowledge (e. g. because you"ve used the product before), or: could have foreseen injury (e. g. when you misuse the product, like riding a lawnmower backwards) Recalls (second paragraph) prevent you from liability when: you can"t detect original defect with the best state of the art equipment, and, you"re not neglectful when you do know. [1474] deals with type of injury (damages: moral, bodily, material) and type of fault (gross, simple): Simple fault: can sue for moral damages (pain, suffering) waiver is ignored, can sue for bodily harm waiver doesn"t matter, can"t sue for material damagers when there"s a waiver. Gross fault: can sue for all three if it"s a gross (intentional) fault (but waiver only works for simple faults) Coat check guy must invoke limitations, and has burden of proof.
