MBE Rules · Torts
Unavoidably Unsafe Products
Unavoidably unsafe products
The rule
Products incapable of being made safe (vaccines, blood, experimental drugs) are not defective when properly prepared and accompanied by adequate warnings — strict liability yields to negligence principles.
In plain English
Unavoidably unsafe products are those that cannot be made completely safe for their intended use, like vaccines or experimental drugs. If these products are properly manufactured and come with sufficient warnings, they are not considered defective under strict liability, and instead, negligence principles apply.
Worked example
A pharmaceutical company produces an experimental drug that has known risks, but it is properly manufactured and includes detailed warnings about potential side effects. A patient suffers an adverse reaction after taking the drug as directed. The court finds that the drug is not defective because it is an unavoidably unsafe product that was properly prepared and warned about.
Memory hook
Unavoidably unsafe means no safety net; if it's properly made and warned, it's not defective.
The trap
Exams may present scenarios where students confuse strict liability with negligence principles, especially when discussing product safety. Students might mistakenly classify an unavoidably unsafe product as defective without considering the proper warnings.
How examiners test it
Questions often involve fact patterns about medical or experimental products, focusing on whether adequate warnings were provided and if the product was properly prepared.
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