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Canyon College

online Products Liability course at Canyon College

COURSE SYLLABUS: Products Liability

Course Title:
Department:
Instructor:
Prerequisites: 		LS367 - Products Liability
Legal Studies
Jay Strike Carlin, JD, DPsy, MS, MBA E-Mail | Vita
None


COURSE OBJECTIVES:

This course will examine the historical basis for products liability cases and its development to date. Additionally this course will use the Restatement (Third) of Torts: Products Liability to provide further instruction and guidance in the areas of products liability issues.

Required Text: Online Bookstore

The textbook that will be utilized in this course is titled Products Liability Litigation, West Thomson Learning
ISBN #: 0766820351


COURSE REQUIREMENTS:

There will be two examinations given in this course, one a Midterm Examination and the other a Final Examination. Each examination will be essay format and will focus on the material presented in the text. The exams are expected to be completed no later than the last day of week five and week nine respectively. It is also necessary for each student to notify the instructor via email, one week prior to the exam so that a formal request can be made to Canyon College to allow the student access to the exam.

There will also be written assignments required for this course. Each written assignment will be developed from the text materials. It is hoped that by completing these written assignments, the student will gain a complete understanding of the course materials and in addition provide the student with excellent study materials for the Midterm and Final Exams.


COURSE SCHEDULE:

Week One -
Chapter One - Introduction to Products Liability
This chapter will examine what is a product? What is a defect? It will also look at the basics of product liability litigation.
- Written Assignment Number One – Covering Chapter One

Week Two -
Chapter Two - Negligence
This chapter will define negligence in the eyes of the law, the history of negligence, as well as the evolution of products liability. Case presentations will also be utilized to further the students understanding of the concepts presented in the text.
- Written Assignment Number Two – Covering Chapter Two

Week Three -
Chapter Three - Warranties
This chapter will define warranties, both express and implied as well as examine the federal statute providing warranty protection to consumers: The Magnuson-Moss Act.
- Written Assignment Number Three – covering Chapter Three

Week Four -
Chapter Four - Strict Liability
This chapter will trace the history and emergence of strict liability; the types of strict liability actions and conclude with an examination of strict liability case law.
- There is no written assignment for this week. Study for Midterm Examination.

Week Five -
Midterm Examination

Week Six -
Chapter Five - Defenses and Responses
This chapter will examine the common law defense of contributory negligence and comparative fault; the doctrine of assumption of the risk and the statutory defenses of a seller in the stream of commerce.
- Written Assignment Number Four – Covering Chapter Five

Week Seven -
Chapter Six - Particular Product Problems
This chapter will cover types of product problems, pharmaceuticals and medical devices, used products and post sale obligations of the manufacturer and the seller.
- Written Assignment Number Five – Covering Chapter Six

Week Eight -
Chapter Seven - Product Liability Lawsuit and Recovery
This chapter will look at the parties to a lawsuit, proving the defect, expert witness testimony and the types of damages assessed in a product liability lawsuit.
- No written assignment – Prepare for Final Examination.

Week Nine -
Final Examination



WRITTEN ASSIGNMENTS:

Written Assignment Number One - Covering Chapter One
Please describe how direct evidence in a product liability action may not be necessary to prove one's case.

Written Assignment Number Two - Covering Chapter Two
Please distinguish between the terms direct or actual causation versus proximate causation and support each with an example.

Written Assignment Number Three - Covering Chapter Three
What is the doctrine of caveat emptor?

Written Assignment Number Four - Covering Chapter Five
What is the Economic Loss Doctrine?

Written Assignment Number Five - Covering Chapter Six
Recently gun manufacturers have been subjected to products liability lawsuits. Please use the case of Ganim V. Smith & Wesson Corporation, et al. to illustrate how the courts have dealt with this issue