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Torts • Products Liability
TORT#078
Legal Definition
Bringing a products liability action under negligence requires: (1) a duty to make or maintain products carefully; (2) a breach of that duty; (3) actual causation; (4) proximate causation; and (5) damages.
Plain English Explanation
Use the same, standard approach to negligence as you would in any other negligence case.
When someone is hurt, they will often seek damages from whoever hurt them. In cases where they were hurt intentionally, the law will assess which intentional tort was committed. However, what happens when someone hurts on accident and unintentionally? This is where negligence comes into play.
Negligence is simply an accusation that a specific person had an obligation to act a specific way, and because they did not act that way, someone else got hurt in a predictable way.
When someone is hurt, they will often seek damages from whoever hurt them. In cases where they were hurt intentionally, the law will assess which intentional tort was committed. However, what happens when someone hurts on accident and unintentionally? This is where negligence comes into play.
Negligence is simply an accusation that a specific person had an obligation to act a specific way, and because they did not act that way, someone else got hurt in a predictable way.
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 strict liability in tort?
