parent nodes: common law | federal question jurisdiction | Piper Aircraft Co v Reyno | policy exclusions to relevance | purpose of corporation | Torts

Product Liability

[Manufacturing Defects]
[Design Defects]
Failure to Warn


A design defect can almost always be construed as a failure to warn case. Similarly, one alternative design that may be safer for a particular plaintiff may be more dangerous for other potential customers.
  1. History
  2. Doctrinal Definition:

    (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
    (a) the seller is engaged in the business of selling such a product, and
    (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
    (2) The rule stated in Subsection (1) applies although
    (a) the seller has exercised all possible care in the preparation and sale of his product, and
    (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.
    (Rest 2d Torts 402(a)
  3. Soecial Situations
    A. [Retroactive liability]
    B. Maps, other textual products

    [icon: paintbrush]
    [alias: products liability]