How to Ace FYLSE/2006 F Q1

Fact Summary

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

Products Liability

Strict Products Liability

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

Assumption of Risk