Product Negligence
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Defendant is liable for Plaintiff’s injury due to the defective product under a theory of negligence.
Analysis
R: The plaintiff must prove duty, breach, actual causation, proximate causation, and damages.
1. Duty
R: The commercial manufacturer, distributor, retailer, or seller of a product owes a duty of reasonable care to any foreseeable plaintiff, including a purchaser, user, or bystander.
A: Here, [apply rule to facts].
C: Therefore, Defendant [owed/did not owe] Plaintiff a duty.
2. Breach
R: Failure to exercise reasonable care in the inspection or sale of a product constitutes a breach of that duty. The plaintiff must also establish that a defect exists. The plaintiff may prove breach via res ipsa loquitur if the defect could not have occurred without the manufacturer’s negligence.
A: Here, [apply rule to facts].
C: Therefore, Defendant [breached/did not breach] the duty they owed Plaintiff.
3. Actual Cause
R:
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [was/was not] the actual cause of Plaintiff’s injury.
4. Proximate Cause
R:
A: Here, [apply rule to facts].
C: Therefore, Defendant’s conduct [was/was not] the proximate cause of Plaintiff’s injury.
5. Damages
R: The plaintiff is entitled to recover damages resulting from personal injury or property damage. A claim for purely economic loss, including harm to the product itself, is generally not allowed.
A: Here, [apply rule to facts].
C: Therefore, Plaintiff [suffered/did not suffer] damages for which they may recover.
Conclusion
C: Therefore, Defendant [is/is not] liable for Plaintiff’s injury due to the defective product under a theory of negligence..
Defenses
Standard negligence defenses, such as contributory and comparative negligence and assumption of risk, apply.
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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