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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resttpl4309 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE TORTS 3D: PRODUCTS LIABILITY CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products C.A.5, 2022. Cit. in diss. op.; com. (a) and Rptr's Note 1 cit. in diss. op. Daughter of gun owner filed a claim alleging that the gun was defectively designed against manufacturer of the gun, after a hunting accident in which the gun accidentally discharged and shot her in the hip. The district court granted summary judgment for daughter. This court certified to the Supreme Court of Louisiana the question of whether the Louisiana Products Liability Act barred an individual, who was shot and injured by a third party, from bringing a design-defect claim under the Act against a firearm manufacturer or seller. While daughter admitted that the Act, interpreted literally, precluded her design-defect claim, the dissent argued that a literal interpretation of the Act would completely insulate and protect gun manufacturers from all claims for design defects and inadequate warnings, in sharp deviation from Louisiana cases and all other states and jurisdictions, as well as Restatement Third of Torts: Products Liability § 1. Seguin v. Remington Arms Company, L.L.C., 22 F.4th 492, 499-501, 503. Mass.2021. Cit. in sup.; com. (a) quot. in sup.; Rptr's Note to com. (a) cit. in ftn. Buyer of a heating, ventilation, and air conditioning system for his home sued, among others, supplier of evaporator coils for the system, after several of the coils failed and had to be replaced. The trial court entered judgment on a jury verdict finding supplier liable for breach of the implied warranty of merchantability. This court vacated that portion of the decision and remanded, holding that the component-parts doctrine precluded extending liability to supplier, because there was no evidence of any defects in the coils themselves. The court noted that, while a commercial manufacturer of a defective product was generally liable for harm to persons or property caused by the defect under Restatement Third of Torts: Products Liability § 1, under the component-parts doctrine, a component-part manufacturer was not liable for harm caused by the integrated product absent evidence that the component itself was defective. Nemirovsky v. Daikin North America, LLC, 177 N.E.3d 901, 908. Tenn.App.2019. Cit. in case quot. in sup. After a sewage line that city built for its residents failed, city sued manufacturer of the pipes used in the line, alleging that it negligently misrepresented that the pipes had an anticipated life of over 100 years. The trial court granted manufacturer's motion to dismiss, finding that the economic-loss doctrine barred city's negligent-misrepresentation claim. This court affirmed, holding that city's claim was barred because it was seeking recovery for purely economic losses related to a defective product. The court cited Restatement Third of Torts: Products Liability § 1 COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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