Study for the Bar in Your Car

Torts - Product Liability


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Gear up for Episode 19 of the Study for the Bar in Your Car podcast! Join AI hosts Claude and Ma as they meticulously unpack product liability, a crucial and highly tested area of tort law. Drawing directly from Angela's comprehensive notes, this episode illuminates how the legal system holds manufacturers, distributors, and sellers accountable when their products cause harm.

You'll gain a solid understanding of the three core theories of liability: strict liability, negligence, and warranty. The deep dive emphasizes strict liability, explaining its elements: a defective and unreasonably dangerous product, the defect's existence when it left the defendant's control, and its direct causation of the plaintiff's injury. Explore the nuances of manufacturing, design, and warning defects, including the application of the risk-utility test and the learned intermediary doctrine for prescription drugs.

A bar exam essential, the episode clarifies the economic loss rule, detailing why purely financial damages are often not recoverable in tort actions, steering these claims towards warranty law instead. Understand how foreseeable product misuse impacts liability and why disclaimers generally don't shield against personal injury claims.

This episode is packed with the practical insights and clear distinctions you need to excel in torts. Tune in now to elevate your bar preparation and subscribe for consistent, expert legal guidance delivered right to your car!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB

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