Asked by Brock Smith on Sep 30, 2024
Which of the following characterizes cases filed under section 402A?
A) The seller must be engaged in selling the product that allegedly caused harm.
B) The product may not be in a defective condition but must have caused injury.
C) The seller must prove that suitable modifications were made to the product in order to avoid liability.
D) All cases except design-defect ones may be covered under this section.
Section 402A
A provision found within the Restatement (Second) of Torts that deals with the liability of sellers for harm caused by defective products they have sold.
Defective Condition
A state or scenario where a product fails to meet safety or performance standards, posing risks to users or not functioning as intended.
Product Liability
The legal responsibility of manufacturers and sellers to compensate for harm caused by defective products they market.
- Deploy the theory of product liability and appreciate the specific instances that trigger party liability.
- Identify the impact of the Restatement (Third) of Torts within the context of product liability lawsuits.
Learning Objectives
- Deploy the theory of product liability and appreciate the specific instances that trigger party liability.
- Identify the impact of the Restatement (Third) of Torts within the context of product liability lawsuits.
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