Restatement (Second) of Torts · Section § 402a
A foundational tort law provision addressing strict liability for defective products.
Source: Restatement Restatement (Second) of Torts § § 402a
One who sells any product in a defective condition unreasonably dangerous to the user or consumer 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 business of selling such a product, (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
This section establishes that manufacturers and sellers can be held legally responsible for harm caused by defective products. If a product is sold in a dangerous condition, the buyer can sue for damages regardless of the seller's intent.
Focus on strict liability as opposed to negligence.
Includes both manufacturing defects and design defects.
Relies on the concept of a product being 'unreasonably dangerous.'
Illustration 1
A defective toaster that causes a fire, leading to injury to the user.
Illustration 2
A vehicle with a design flaw that results in an accident after the vehicle is sold.
This case established the precedent for strict liability under § 402a, emphasizing that a manufacturer is liable for injuries caused by defective products.
This case further defined product defectiveness and clarified the concept of 'unreasonably dangerous' under § 402a.
§ 402a plays a crucial role in consumer protection by holding manufacturers and sellers accountable for defective products. This section encourages companies to maintain high safety standards in product design and manufacturing.