Restatement (Second) of Torts
§ 402A Special Liability of Seller of Product for Physical Harm to User or Consumer
Summary
Section 402A is one of the most influential provisions in American tort law, establishing strict liability for sellers of defective products. One who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm caused to the ultimate user or consumer, even though the seller has exercised all possible care and the user has not purchased the product directly from the seller.
The section applies only when the seller is engaged in the business of selling such a product and the product is expected to and does reach the user without substantial change in condition. It does not apply to occasional sellers or to products that have been substantially modified after leaving the seller’s control.
Section 402A revolutionized product liability law by eliminating the need to prove negligence and by removing the privity requirement. A consumer injured by a defective product can sue the manufacturer directly, regardless of whether they purchased the product from the manufacturer. The Restatement (Third) of Torts: Products Liability has refined the analysis by distinguishing between manufacturing defects, design defects, and warning defects, but § 402A remains the law in many jurisdictions.
Key Elements
- 1Product sold in a defective condition unreasonably dangerous
- 2Seller engaged in the business of selling such products
- 3Product reaches the user without substantial change in condition
- 4No requirement of privity between seller and injured party
- 5Strict liability—no need to prove negligence
Practical Application
Section 402A is the foundation of modern product liability litigation. It applies to manufacturers, distributors, and retailers of consumer products, pharmaceuticals, automobiles, food products, and industrial equipment. Courts continue to debate what “unreasonably dangerous” means, with some applying a consumer expectations test and others applying a risk-utility balancing test.
Exam Relevance
Product liability questions frequently appear on torts exams. The key issues: (1) Is the product defective? (2) Is the defect a manufacturing defect, design defect, or warning defect? (3) Was the seller in the business of selling such products? (4) Did the product reach the consumer without substantial alteration? (5) What defenses apply (assumption of risk, misuse, alteration)? Note the shift toward the Third Restatement’s framework in many jurisdictions.