What are the elements of a cause of action in tort for products liability?

MultiRegion, United States of America

The following excerpt is from McCarthy v. Olin Corp., 119 F.3d 148 (2nd Cir. 1997):

25 These are not the elements of a cause of action in strict products liability. Those elements are much more specific, and depend on the theory of liability being asserted. See, e.g., Fane v. Zimmer, Inc., 927 F.2d 124, 128 (2d Cir.1991) (explaining, for example, that in design defect cases the typical plaintiff must show "that (1) the product is 'defective' because it is not reasonably safe as marketed; (2) the product was used for a normal purpose; (3) the defect was a substantial factor in causing the plaintiff's injuries; (4) the plaintiff by the exercise of reasonable care would not have both discovered the defect and apprehended its danger; (5) the plaintiff would not have otherwise avoided the injury by the exercise of ordinary care") (citation and internal quotation marks omitted). Rather, these are the basic requirements for any cause of action in tort for products liability, regardless of the particular theory of recovery.

Other Questions


What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
In a strict products liability action, can a plaintiff allege that the product is defective because of a mistake in manufacturing, or because of improper design? (MultiRegion, United States of America)
Can a retaliation action against an inmate for filing a grievance be used as a cause of action under the First Amendment? (MultiRegion, United States of America)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
What are the elements of a fourth cause of action? (MultiRegion, United States of America)
What are the elements of a cause of action for aiding and abetting under section 10(b)? (MultiRegion, United States of America)
Does a plaintiff in a personal capacity action seek to impose individual liability upon a government officer for actions taken under color of state law? (MultiRegion, United States of America)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.