Also known as: w/o substantial change · verbatim · without material alteration
Written by attorneys · grounded in primary & secondary sources — see below
A condition in strict products liability requiring that the product reach the ultimate user or consumer in the same state as when sold by the defendant. The element ensures the defect existed at the time of sale rather than arising from later alterations.
Winston West purchased a new brake assembly from a manufacturer for his delivery van. The assembly reached Winston without any modifications by intermediaries and failed during normal use due to a manufacturing flaw present at sale. Because the product arrived in its original condition, the manufacturer faces strict liability for the resulting accident.
Winter Wolfe bought a lighting rig from Brook Media and delivered it to Ridge Stage. Ridge Stage employees added custom brackets and rerouted cables before installation. The changes altered load distribution so the rig no longer reached the consumer without substantial change, breaking the chain of strict liability against the manufacturer.
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Warren Wu received an industrial press directly from the seller with no post-sale alterations. The press contained a defect that caused injury during ordinary operation. Because the machine reached Warren without substantial change, the seller remains subject to strict liability.
Wyatt Wilson purchased a pneumatic tool from Chicago Pneumatic. The tool reached Wyatt in its original condition with no added parts or modifications by distributors. The manufacturing defect present at sale caused injury, satisfying the without-substantial-change element for liability.
Wade Watson received a pacemaker directly from the hospital supplier. The device arrived sealed and unaltered from the manufacturer's condition. Because the product reached the patient without substantial change, the manufacturer is exposed to strict liability for the defect.
Walter Washington acquired accounting software from Imrex Co. A third-party vendor later installed a major update that altered core functions before Walter used it. The substantial post-sale change prevented the product from reaching the user in its sold condition, defeating the strict liability claim.
The plaintiff must prove the product reached the user in the same condition as when sold. Post-sale modifications that alter the product's function or safety features can break the chain of liability.
No. Minor adaptations for fitting a product into an existing venue grid may not qualify as substantial if the product performs as the manufacturer intended. Courts examine whether the changes affected load distribution or safety in ways not contemplated by the seller.
A manufacturing-defect claim fails if the product was altered after sale. A design-defect claim focuses on the product's condition when it left the manufacturer and does not require proof that the defect survived without change.
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