Strict Product Liability

This chart looks a lot like the flow chart on negligence. As you can see, the analysis of strict product liability (which arises any time the plaintiff is harmed by a defective consumer product) is very much the same as the negligence analysis, with two exceptions: (1) the “duty” analysis of negligence is replaced with an analysis of whether the defendant was a commercial supplier of the good that cause the harm; and (2) the “breach” analysis of negligence is replaced by an analysis of whether the product was defective. The causation and damages elements operate very much the same as they do in a negligence analysis.

Remember that any time you see a hypothetical in which the plaintiff is harmed by a defective consumer product, you need to analyze under three theories of liability: (1) strict product liability; (2) negligence; and (3) breach of warranty.