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Products liability by Tiffany Funk: Restatement (Third) of Torts: Products Liability

Exploring Key Theories of Products Liability: Design Defect, Manufacturing Defect, Failure to Warn, and Warranties

LINK: Restatement (Third) of Torts: Products Liability (2012)

Restatement (Third) of Torts: Products Liability (2012)

CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE

TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY

§ 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Product

One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect.

See comments after § 1

§ 2. Categories of Product Defect

A product is defective when, at the time of the sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings. A product:

(a) contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product;

(b) is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe;

(c) is defective because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the instructions or warnings renders the product not reasonably safe. 

See comments after § 2

§ 3. Circumstantial Evidence Supporting Inference of Product Defect

See comments after § 3

§ 4. Noncompliance and Compliance with Product Safety Statutes or Regulations

See comments after § 4

TOPIC 2. LIABILITY RULES APPLICABLE TO SPECIAL PRODUCTS OR PRODUCT MARKETS

§ 5. Liability of Commercial Seller or Distributor of Product Components for Harm Caused by Products Into Which Components Are Integrated

See comments after § 5

§ 6. Liability of Commercial Seller or Distributor for Harm Caused by Defective Prescription Drugs and Medical Devices 

See comments after § 6

§ 7. Liability of Commercial Seller or Distributor for Harm Caused by Defective Food Products

See comments after § 7

§ 8. Liability of Commercial Seller or Distributor of Defective Used Products

See comments after § 8

CHAPTER 2. LIABILITY OF COMMERCIAL PRODUCT SELLERS NOT BASED ON PRODUCT DEFECTS AT TIME OF SALE

§ 9. Liability of Commercial Product Seller or Distributor for Harm Caused by Misrepresentation

See comments after § 9

§ 10. Liability of Commercial Product Seller or Distributor for Harm Caused by Post-Sale Failure to Warn

See comments after § 10

§ 11. Liability of Commercial Product Seller or Distributor for Harm Caused by Post-Sale Failure to Recall Product 

See comments after § 11

CHAPTER 3. LIABILITY OF SUCCESSORS AND APPARENT MANUFACTURERS

§ 12. Liability of Successors and Apparent Manufacturers

See comments after § 12

§ 13. Liability of Successor for Harm Caused by Successor's Own Post-Sale Failure to Warn

See comments after § 13

§ 14. Selling or Distributing as One's Own a Product Manufacturer by Another

See comments after § 14

CHAPTER 4. PROVISIONS OF GENERAL APPLICABILITY

TOPIC 1. CAUSATION

§ 15. General Rule Governing Causal Connection Between Product Defect and Harm

See comments after § 15

§ 16. Increased Harm Due to Product Defect

See comments after § 16

TOPIC 2. AFFIRMATIVE DEFENSES

§ 17. Apportionment of Responsibility Between or Among Plaintiff, Sellers and Distributors of Defective Products, and Others

See comments after § 17

§ 18. Disclaimers, Limitations, Waivers, and Other Contractual Exculpations as Defenses to Products Liability Claims for Harm to Persons

See comments after § 18

TOPIC 3. DEFINITIONS

§ 19. Definition of "Product"

See comments after § 19

§ 20. Definition of "One Who Sells or Otherwise Distributes"

See comments after § 20

§ 21. Definition of "Harm to Persons or Property": Recovery for Economic Loss

See comments after § 21

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