A product is defective in design when the foreseeable risk of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design, and its omission renders the product not reasonably safe.
Vogel must show that the phone was defective when WiFi sold it, WiFi was normally engaged in selling that product, the phone was unreasonably dangerous to a user because of its defect, Vogel incurred physical harm by use of the phone, the defect was the proximate cause of the harm, and the phone was not substantially changed from the time that it was sold to the time of the injury.
The defense of preemption can be successfully raised by defendants. This theory basically states that in appropriate cases government regulations preempt plaintiffs’ claims for product liability. An injured party may not be able to sue the manufacturer of defective products that are subject to comprehensive federal regulatory schemes. Medical treatments and devices are subject to extensive government regulation and undergo a rigorous premarket approval process.
In this question, the PLAA strikes a balance between paying victims harmed by the covered medical devices and protecting the prosthetic industry from collapsing under the possible costs of tort liability. In exchange for the compensation program, prosthetic makers who comply with the regulatory requirements are immunized from strict product liability.
Farouk is a
Danno has unlawfully and forcibly taken the personal property of an- other. This is robbery.
Fritz has broken into and entered a dwelling with the intent to commit a felony. This is burglary.
The basic differences: burglary requires breaking and entering a building without the use of force against a person; robbery does not involve any breaking and entering, but force is required; and larceny is the taking of per- sonal property without force and without breaking and entering a building. Generally, because force is used, robbery is considered the most serious of these crimes and carries the most severe penalties. Because larceny involves no force or threat to human life, it carries the least severe penalty of the three. Burglary, because it involves breaking and entering, frequently into people’s homes, carries a lesser penalty than robbery but a greater penalty than larceny.
Idi committed the crime of receiving stolen goods. She was aware that the watch was stolen property but she bought it anyway. That Hazel knew the watch was stolen indicates she committed the same crime as Idi—receiving stolen goods—when she initially obtained the watch.
The crime of embezzlement is committed when a person entrusted with
another’s funds or property fraudulently appropriates it. That Cameron may have intended to repay the “borrowed” funds is no defense (although an embezzler who returns what has been taken may not be prosecuted because the owner may not wish to take the time to make a complaint, give depositions, and appear in court, or to reveal that the firm failed to have safeguards against embezzlement).Depending on how Cameron engineered the theft, he may have
committed other crimes—forgery, larceny, or a computer crime.