Products Liability: Strict Liability Elements

Strict liability requires a commercial seller, defective product, causation, and foreseeable use.

Representative cases

• Branham v. Ford Motor Co. 390 S.C. 203 · Supreme Court of South Carolina
• Lind v. Beaman Dodge, Inc. 356 S.W.3d 889 · Tennessee Supreme Court
• Izzarelli v. R.J. Reynolds Tobacco Co. 731 F.3d 164 · Court of Appeals for the Second Circuit

Related Products Liability rules

• Products Liability: Defect TypesDefects include manufacturing, design, and failure-to-warn defects.
• Manufacturing DefectA manufacturing defect deviates from intended design and makes product unreasonably dangerous.
• Design DefectDesign defects require showing safer, feasible alternative design under risk-utility test.
• Failure to WarnManufacturers must warn of foreseeable risks not obvious to ordinary users.
• Products Liability: Warranty ClaimsWarranty liability arises from breach of express or implied warranties.
• Products Liability: MisrepresentationFalse statements about product safety that induce reliance create liability.

Part of Torts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.