Asked by Bhanutej Onteru on Jun 17, 2024
Verified
What are the six requirements a plaintiff must establish to impose strict product liability?
Strict Product Liability
Refers to a legal doctrine that holds manufacturers, distributors, or sellers liable for distributing a defective product to a consumer.
Requirements
Conditions or capacities needed by a system or product to solve a problem or achieve an objective.
Plaintiff
The party who initiates a lawsuit by filing a complaint with the court, alleging harm or wrongdoing by the defendant and seeking legal relief.
- Comprehend the principles of strict liability, especially when related to product liability.
- Understand the benchmarks determining when a product is classified as unreasonably perilous.
Verified Answer
• The product must be in a defective condition when the defendant sells it.
• The defendant must normally be engaged in the business of selling that product.
• The product must be unreasonably dangerous to the user or consumer because of its defective condition (in most states).
• The plaintiff must incur physical harm to self or property by use or consumption of the product.
• The defective condition must be the proximate cause of the injury or damage.
• The goods must not have been substantially changed from the time the product was sold to the time the injury was sustained.
Learning Objectives
- Comprehend the principles of strict liability, especially when related to product liability.
- Understand the benchmarks determining when a product is classified as unreasonably perilous.
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