Chapter 32: Products Liability - Strict LiabilityIntroduction
A. Definition
B. Elements
1. The product is in a defective condition unreasonably dangerous to the user or consumer or to his property
2. The seller is engaged in the business of selling such a product
3. The design defect caused the plaintiff’s injury
4. The plaintiff sustained damages
[5. The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.]
C. Elements Defined
D. Defenses
Assumption of Risk
Comparative Fault in Product Liability Actions
Designation of Nonparty at Fault
Misuse
Open and Obvious
Qualified Immunity
State of the Art
Statute of Limitations
Statute of Repose
Unavoidably Unsafe Product
E. Remedies
F. Forms
Complaint for Product Liability—Strict Liability