Theories and Defenses to Products Liability
Dig deeper into the theories of product liability and explore the defenses of comparative fault, contributory negligence, and assumption of risk.
Now, let's talk about theories and defenses in products liability, starting with strict liability in products liability. Strict liability in products liability does not work the same way as it does in other areas of torts.
I. Strict Liability in Products Liability
The definitive statement of strict liability in products liability, which most courts follow, is set forth in Restatement (Second) of Torts Section 402A, which can fairly be paraphrased as follows:
First, as we discussed in the...