2.4 Strict Products Liability, Intentional Torts & Defamation

🎯 Essential Doctrinal Takeaways

• Under Restatement (Third) Products § 2(b), design defect claims require proof that a reasonable alternative design (RAD) could have reduced risk.
• Under the transferred intent doctrine, intending an intentional tort against one person transfers to establish battery if another person is struck.
• Public officials must prove actual malice (knowledge of falsity or reckless disregard) by clear and convincing evidence to recover for defamation.
• Under respondeat superior, an employer is vicariously liable for employee torts during detours (minor deviations), but not frolics.

Strict products liability imposes liability on commercial manufacturers and distributors of defective products without regard to fault. Under Restatement (Third) of Torts: Products Liability § 2, defects are categorized into manufacturing defects, design defects, and failure to warn. Design defects are evaluated under a risk-utility balancing test requiring proof of a reasonable alternative design (RAD).

Intentional torts require intent, act, and harm. Battery is the intentional infliction of harmful or offensive bodily contact. Under the doctrine of transferred intent, an actor who intends an assault or battery against person A is fully liable for battery if the projectile unexpectedly strikes person B.

Constitutional defamation standards balance reputation against free expression. Under New York Times Co. v. Sullivan (1964), public officials and public figures must prove 'actual malice' with convincing clarity (clear and convincing evidence)—demonstrating that the publisher knew the statement was false or entertained serious doubts as to its truth.

⚠️ NextGen Bar Examination Traps & Pitfalls

• Believing design defect claims can succeed without expert evidence of a feasible, cost-effective reasonable alternative design.
• Confusing assault (apprehension of imminent contact) with battery (actual harmful or offensive contact).
• Equating First Amendment actual malice with common law malice (ill will, hatred, or spite).