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Torts • Products Liability
TORT#072
Legal Definition
A strict products liability in tort claim requires: (1) the defendant to be a commercial supplier of a product; (2) that the defendant produces, sells, or distributes a defective product; (3) the defect to have existed at the time of sale or distribution; and (4) damages. Privity is *not* required.
Plain English Explanation
"Strict products liability" is applicable when a defective product causes harm to someone. The key is figuring out what sort of defect caused the harm.
Hypothetical
Hypo 1: Sam goes to the store to buy a bike. After he picks out the bike he wants, he begins to walk it back towards the register to purchase it. On his way, he slips on some water, trips over the bike, and breaks his leg. Result: Though there may be a case for negligence, there is no issue of products liability because nothing about the product caused Sam to break his leg, even if it was involved in someway as he tripped.
Visual Aids
Related Concepts
In establishing a valid strict products liability claim, what is a design defect?
In establishing a valid strict products liability claim, what is a manufacturing defect?
In establishing a valid strict products liability claim, what is a warning defect?
What are the 5 theories of products liability?
What are valid defenses to product liability claims based on breach of warranty?
What are valid defenses to strict products liability?
What is required to bring a valid products liability claim under breach of express warranty?
What is required to bring a valid products liability claim under breach of implied warranty of fitness for a particular purpose (IWFPP)?
What is required to bring a valid products liability claim under breach of implied warranty of merchantability (IWM)?
What is required to bring a valid products liability claim under intent?
What is required to bring a valid products liability claim under misrepresentation of fact?
What is required to bring a valid products liability claim under negligence?
