Also known as: § 402A · Restatement Second of Torts 402A · 402A · strict products liability · Restatement (Second) Torts 402A
Written by attorneys · grounded in primary & secondary sources — see below
A principle of strict products liability under which 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 the seller is engaged in the business of selling such a product and the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. The rule applies even though the seller has exercised all possible care in the preparation and sale of the product and even though the user or consumer has not bought the product from or entered into any contractual relation with the seller.
Peter Price buys a chainsaw from a local hardware store. The chainsaw's safety guard is missing because of a manufacturing defect, causing serious injury during ordinary use. Peter sues the manufacturer under strict products liability for his injuries.
Rosa Ruiz buys a new SUV from Regal Apparel's dealership. The vehicle rolls over during normal highway driving because of a design that makes it unstable. Rosa sues the manufacturer under strict products liability for her injuries.
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Ruby Rivera purchases turbines for her ships from Rocky Mountain Mining. The turbines fail and damage only the turbines themselves. Ruby seeks recovery in tort for the cost of replacing the turbines.
Robert Rivera takes a prescription drug manufactured by Ridgeway Partners. The drug causes him serious side effects because of an inherent design risk. Robert sues the manufacturer under strict products liability.
Rebecca Ross buys an SUV marketed for both off-road and everyday driving. The vehicle rolls over on a paved road during ordinary use. Rebecca sues the manufacturer for breach of implied warranty of merchantability.
Riley Rivera uses a pneumatic tool made by Royal Crest Hotels' supplier. The tool lacks a safety feature that would have prevented injury during normal operation. Riley offers expert testimony on feasible alternative designs in her strict liability suit.
No. The principle imposes liability without regard to the seller's fault or the exercise of all possible care in preparing and selling the product.
No. The rule expressly applies even though the user or consumer has not bought the product from or entered into any contractual relation with the seller.
The product must be in a defective condition unreasonably dangerous to the user or consumer and must reach the user without substantial change in the condition in which it is sold.
…if the product was defective. In 1965, soon after our decision in Greenman , the Restatement Second of Torts published section 402A, which set forth the strict liability doctrine (hereinafter section 402A).[^maj-1] Almost all states have adopted some form of strict liability since that time. (Prosser & Keeton on Torts…