NEGLIGENCE

1
NEGLIGENCE

• Requirements
• Duty of Care Owed by Seller / Manufacturer
• Seller / Manufacturer Breaches Std. of Care
• Injury or Damages Suffered
• Breach of Std. of Care was Proximate Cause
• Seller or Manufacturer at Fault for Failing to
  Exercise Reasonable Care In Making / Selling
  Product

2
STRICT LIABILITY

• Section 402A of Restatement of Torts
• Requirements
• Product Sold in Ordinary Course of Business
• Product Has Condition that Poses Unreasonable
  Danger to Consumer
• Condition Existed When Product Left Manufacturer
• Condition Causes Injury or Damage
• Seller and Manufacturer Liable for Injuries
  Caused by Product -- No Fault Liability