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Products Liability Law - Chapter 61 - Advising Minnesota Corporations and Other Business Organizations - 2nd Edition
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Originally from: Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
Preview Page CHAPTER 61
PRODUCTS LIABILITY LAW
Section
§ 61.01 Introduction
§ 61.02 Privity of Contract
§ 61.03 Bases for Causes of Action
§ 61.04 Liability of Suppliers
§ 61.05 --Manufacturer's Duty to Warn
§ 61.06 Strict Liability Actions
§ 61.07 --Defense to Strict Liability Actions
§ 61.08 -- --Federal Preemption
§ 61.09 -- -- Status of Limitation and Useful Safe Life
§ 61.01 Introduction
Products liability law deals with the cause of action brought to
recover for injuries sustained by the use of a product.1 One who is
injured in person or property as the result of a defective product which
has been sold, whether he is an immediate purchaser or a third person not
a party to the contract for sale, may maintain an action against the
manufacturer, wholesaler, or retailer of the product in question based on
various theories of law. The manufacturer, for example, may be held
liable if its product has a "defective condition" that makes it "unreasonably
dangerous."2 A product is in a defective condition if at the time it leaves
the hands of the seller, it is in a condition which is "unreasonably
dangerous" for its intended use.3 A condition is unreasonably dangerous if
it is dangerous when used by an ordinary user who uses it with the
knowledge common to the community as to the product's characteristics
and common usage.4 The three major theories behind products liability
actions are (1) negligence, (2) breach of warranty, and (3) strict liability in
tort.5 Products liability actions may also be based on willful act, fraud,
misrepresentation, or negligence per se based on violation of a statute.6
Although products liability claims typically involve injury to a person,
Minnesota law permits under some circumstances tort claims for economic
loss arising from the sale of goods.7 However, the Uniform Commercial
Code and its remedies exclusively control damages in commercial
transactions that involve only property damage.8 To clarify Minn. Stat. § 604.10, the Legislature enacted the Marvin
Amendment in 1998. The purpose of clause (e) is to exempt claims of
fraud and misrepresentation from application of the economic loss
doctrine as reflected in this statute.9
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
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