NEGLIGENCE Requirements:

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Presentation transcript:

NEGLIGENCE Requirements: Duty of Care Owed by Seller / Manufacturer Seller / Manufacturer Breaches Std. of Care Injury or Damages Suffered Breach of Std. of Care was Proximate Cause Seller or Manufacturer at Fault for Failing to Exercise Reasonable Care In Making / Selling Product

STRICT LIABILITY Section 402A of Restatement of Torts Requirements: Product Sold in Ordinary Course of Business Product Has Condition that Poses Unreasonable Danger to Consumer Condition Existed When Product Left Manufacturer Condition Causes Injury or Damage Seller and Manufacturer Liable for Injuries Caused by Product -- No Fault Liability