lacrossebrother wrote:Does anyone have any decent products liability/strict products liability notes? Im getting a bit mixed up for when a seller (i.e. not a manufacturer) is liable --either strictly or due to some sort of negligence. Is it based on when it's intended for consumption?
Sellers, distributors, and manufacturers are always strictly liable for product liability. They must be in the business of buying or selling the product at issue. That is, if I buy a bike from my cousin Vinny and then the bike crumbles when I ride it leading to injury, I can't sue Vinny based on strict liability.
You could use negligence in product liability cases, but it is highly disfavored because you have to prove that the party in question (seller, distributor OR manufacturer) was in fact negligent. While with strict liability, you just have to prove that there was a manufacturing design defect, a product design defect, or a failure to warn.
I hope that helps?