BUSA2106 Lecture 20 Outline of Last Lecture III Strict Liability IV Product Liability Outline of Current Lecture V Defenses to Product Liability Current Lecture Defenses to Product Liability Assumption of the risk Product misuse Contributory and comparative negligence Commonly known danger Knowledgeable user Defective design Assumption of risk Hagans lost a finger on his left hand while operating a table saw The saw was originally equipped with a detachable blade guard that would have prevented Hagans injury The guard was detachable because many common woodworking functions could not be performed when it was in place Hagans had detached the guard Hagans sued for defective design The manufacturer argued assumption of risk Who should win Why Tort Remedies Compensatory damages Punitive damages Equitable relief in rare cases Compensatory Damages Damages that attempt to make the plaintiff whole Special damages quantifiable monetary losses e g medical expenses or lost wages General damages nonmonetary harm e g pain and suffering loss of consortium Presumed in libel cases while slander requires proof of special damages Punitive Damages May be imposed where the defendant s conduct is reprehensible Purpose Punish the wrongdoer Deter others
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