Practice question
A safe consumer product is marketed. A later model offers better quality. No unsafe condition, inadequate hazard information, or defect-caused injury is established. The claimant says the newer model alone proves the older product defective under Article 97. What is correct?
- Every improvement retroactively makes all older products defective.
- A newer model automatically proves every earlier injury causal.
- Article 97 states that a product is not defective merely because a better-quality product has entered the market.
- The manufacturer must stop all product improvement to avoid liability.
- The statute dispenses with consumer damage in every case.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 2183 and 2185.
- https://lawphil.net/judjuris/juri1989/nov1989/gr_74431_1989.html — Vestil v Intermediate Appellate Court, GR 74431, November 6 1989, main opinion: animal possession, no negligence basis, and causation.
- https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article97: defective-product liability independently of fault and specified defenses.
Answer this question in flashcards to review your response and continue practicing.