MBE Torts Masterclass: products liability. скачать в хорошем качестве

MBE Torts Masterclass: products liability.

This episode of MBE Torts Prep covers strict products liability, the largest strict-liability topic on the MBE, and lays out the full analytical framework. A commercial seller in the chain of distribution—manufacturer, wholesaler, retailer, or distributor—can be strictly liable for physical harm caused by a product that was defective and unreasonably dangerous when it left the seller’s control. The plaintiff does not need to prove negligence, but must prove a defect, that the defect existed at the time of sale, that the product was used in an intended or reasonably foreseeable way, that the defect was the actual and proximate cause of the injury, and that there was personal injury or property damage. The three defect categories are manufacturing defects (a particular unit departs from intended design), design defects (the entire product line is unreasonably dangerous, often tested through consumer-expectation or risk-utility analysis), and warning defects (failure to provide adequate warnings about non-obvious risks). The episode emphasizes key limiters: substantial alteration after sale can defeat liability if it introduced the defect; unforeseeable misuse can break causation; warning defects require proof that an adequate warning would have prevented the harm; and pure economic loss—where the product damages only itself without causing personal injury or damage to other property—often belongs in contract or warranty rather than strict tort. Defenses such as comparative fault, assumption of risk, and substantial alteration remain available. The core exam strategy is mechanical: confirm the defendant is a commercial seller, classify the defect type immediately, check timing and alteration, confirm foreseeable use, prove causation, apply defenses, and verify that the damages qualify for tort recovery.