Restatement (Second) of Torts · Section § 390
An overview of the liability of suppliers of chattels for harm caused by defects, emphasizing responsibility in their duty to provide products free from defects.
Source: Restatement Restatement (Second) of Torts § § 390
One who supplies a chattel for the use of another is subject to liability for physical harm caused by the chattel if it is supplied in a defective condition unreasonably dangerous to the user or to his property.
Section 390 holds that when someone provides a product (or chattel) to another person, they can be held liable for any physical harm caused by that product if it is defective and poses an unreasonable danger. This means suppliers have a duty to ensure their products are safe for use.
The supplier must have a reasonable opportunity to inspect the chattel before it is used.
Liability applies regardless of whether the supplier was negligent in the supply of the chattel.
Illustration 1
If a manufacturer produces an electric appliance that has a faulty wiring design, and this defect causes injury to the user, the manufacturer may be liable under § 390.
Illustration 2
A furniture store selling a chair that collapses due to faulty construction can be held liable if the defect poses an unreasonable danger to the buyer.
The court applied § 390 in determining that the manufacturer was liable for injuries caused by a defect in their product, emphasizing the duty to ensure the safety of chattels.
The principles in § 390 serve to protect consumers by holding suppliers accountable for defective products that cause harm. Understanding this section is crucial for legal practitioners dealing with product liability cases.