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What is the significance of a "defect" in a products liability case based on strict liability? |
What is the significance of a "defect" in a products liability case based on strict liability? Under Section 402A of the Restatement (2d) of Torts, a product is defective if the product, in the condition it was marketed, does not meet a reasonable consumer's expectation of safety. Generally, if a product is defective, the manufacturer is liable under the theory of strict liability even if the manufacturer had no knowledge of the risk to consumers, that is, the defect was not the result of negligence or recklessness. |
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