Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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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
Chapter 61 Products Liability Law
§ 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
