How to Ace FYLSE/2006 F Q1

Fact Summary edit

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

Products Liability edit

Strict Products Liability edit

  1. Proper defendant- commercial seller (manufacturer or distributor)
  2. Proper plaintiff - foreseeable user or consumer
  3. defective condition
Design Defect
Manufacturing defect
failure to warn
  1. Causation
actual
proximate
  1. damage

Defenses edit

  1. Assumption of Risk