MBE Rules · Torts
Products liability — strict liability
The rule
Manufacturer or seller in the business is strictly liable for harm caused by a product that is (1) defective (manufacturing, design, or warning), (2) defect existed when it left defendant's control, AND (3) caused plaintiff's harm in foreseeable use. Plaintiff need not be in privity.
In plain English
If a product is faulty and causes harm, the maker or seller can be held responsible, even if the buyer wasn't directly dealing with them and the product was used as expected.
Worked example
A coffee maker explodes due to a design flaw while being used normally, injuring a customer. The manufacturer is liable for the injuries, even though the customer bought it from a store, not directly from them.
Memory hook
Defect + Deliver = Damage. If it's defective at departure, you're on the hook for the harm.
The trap
Students think: Privity is required for liability. Wrong, because strict liability applies without privity. The actual test is defect, control, and causation.
How examiners test it
Test setup: product sold by reputable company, defect harms user. Trap: students focus on negligence or privity. Key is proving defect existed when product left defendant.
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