BUSA2106 Lecture 20Outline of Last Lecture III. Strict LiabilityIV. Product LiabilityOutline of Current LectureV. 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
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