Restatement (Second) of Torts · Section § 402b
Overview of § 402b, addressing the liability of sellers for defective products.
Source: Restatement Restatement (Second) of Torts § § 402b
A seller of a product is liable for physical harm caused to a user or consumer by a product that is defectively designed, manufactured, or that fails to contain adequate warnings or instructions.
Section 402b holds sellers liable for injuries caused by products that are dangerous due to design flaws or lack of proper warnings. This means that if a product is not safe for its intended use, the seller can be held responsible for any harm caused.
This section emphasizes the importance of product safety in the marketplace.
Liability extends to all consumers of the product, not just the immediate purchaser.
Illustration 1
A manufacturer produces a chair that collapses easily due to poor design, injuring a user.
Illustration 2
A medication lacks specific warnings about potential serious side effects, leading to harmful consequences for a consumer.
In this case, the court held the manufacturer liable under § 402b for the defective design of a toy that caused an injury to a child.
Section 402b is crucial for protecting consumers by holding manufacturers and sellers accountable for the safety of their products. It facilitates claims based on product defects and encourages businesses to maintain higher safety standards.