Business

Seth Conway

8 October, 20:28

The basis for an action in strict liability that are set forth in section 402a of the restatement (second) of torts can be summarized as a set of six requirements:

1. The product must be in a defective condition when the defendant sells it.

2. The defendant must normally be engaged in the business of selling (or otherwise distributing) that product.

3. The product must be unreasonably dangerous to the user or consumer because of its defective condition (in most states). The three types of product defects that have traditionally been recognized in product liability law-manufacturing defects, design defects, and inadequate warnings.

4. The plaintiff must incur physical harm to self or property by use or consumption of the product.

5. The defective condition must be the proximate cause of the injury or damage.

6. The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained.