Also known as: defective and unreasonably dangerous · unreasonably dangerous defective condition · 402A · strict products liability defect
Written by attorneys · grounded in primary & secondary sources — see below
A product state that makes the item more hazardous than an ordinary consumer would expect when using it in a foreseeable manner. The condition triggers strict liability for a commercial seller when it causes physical harm to the ultimate user or consumer and the product reaches that person without substantial change.
Betty purchased a new smartwatch from an online marketplace. The device contained a manufacturing inconsistency in battery sealing that existed when it left the factory. During ordinary daily wear the battery overheated and caused second-degree burns. The inconsistency rendered the watch defective and unreasonably dangerous at the time of sale.
A surviving spouse received the family home under a constitutional homestead right. The probate court charged the value of that right against the statutory homestead allowance. No product or manufacturing condition was at issue in the allocation.
Select any source to read its text and confirm it supports the definition.
Carla received a prefilled injection device from a pharmacy. The device delivered excessive force during instructed use and caused internal bleeding. The malfunction showed the device was in a defective condition unreasonably dangerous when sold by the manufacturer.
Branham drove an SUV with a high center of gravity and narrow track width. The vehicle rolled over during an ordinary avoidance maneuver. Expert evidence established that the design made the SUV defective and unreasonably dangerous when it left the manufacturer.
Daly was injured when the seatbelt system in his car failed during a crash. The system had been altered by the user after purchase. The post-sale modification prevented a finding that the product remained in a defective condition unreasonably dangerous as sold.
Barker operated a loader whose design lacked an adequate safety device. The missing guard allowed the machine to tip during normal use and caused injury. The absence of the guard rendered the loader defective and unreasonably dangerous at the time of sale.
No. The rule imposes liability on a commercial seller that places a product into the stream of commerce in a defective condition unreasonably dangerous, even if the seller exercised all possible care in preparation and sale.
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No. The rule applies although the user or consumer has not bought the product from or entered into any contractual relation with the seller.
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The manufacturer may still be liable if the product reaches the user without substantial change in the condition in which it was sold. An intermediary such as a pharmacy or retailer does not break the chain when the product remains unaltered.
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No. The manufacturer's liability for placing a defective and unreasonably dangerous product into commerce is independent of any inspection duty owed by a downstream party such as a hospital or employer.
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Liability is defeated when the user's actions constitute a substantial change that creates the dangerous condition after the product left the seller. Minor or foreseeable misuse does not break the chain if the defect existed at sale.
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…for a rehearing was denied May 4, 1988. Footnotes [^maj-1]: Section 402A provides: “(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the…