Torts II

Restatement Second of Torts § 402A


Special Liability of Seller of Product for Physical Harm to User or Consumer

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  1. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
    1. the seller is engaged in the business of selling such a product, and
    2. it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
  2. The rule stated in Subsection (1) applies although
    1. the seller has exercised all possible care in the preparation and sale of his product, and
    2. the user or consumer has not bought the product from or entered into any contractual relation with the seller.