BUS 207 Lecture Notes - Lecture 6: Product Liability, Aerial Application, False Imprisonment
Document Summary
Duty must be owed by the defendant to the plaintiff) Level of danger posed to the consumer/public/plaintiff. Burden on the defendant in meeting/complying with that duty. Breach of that duty by the defendant. Causation (the defendant must have caused the plaintiff"s injuries) Defenses (in order for the plaintiff to recover, none of the following can apply) Damages (the plaintiff must have suffered damage or injury) Says if the plaintiff was responsible at all for his own harm, he is still completely responsible. Every state in america eliminated this and replaced it with/evolved into comparative negligence. Comparative negligence (note pure and mixed distinction) Looks at % of fault for plaintiff+defendant and distribute accordingly. Assumption of risk (plaintiff must have voluntarily assumed a known and specific danger of risk) Ie assuming the risk of 1/10000 chance that the harness would fail when parachuting. Examples of throwing keys, canister of nitroglycerin, screaming causing a chain of events.
