In a products liability case, the plaintiff's claim may be based upon:
A) negligence.
B) breach of warranty.
C) strict liability in tort.
D) all of the above.
E) none of the above.

Question

Quizplus · Accepted Answer

In a products liability case, the plaintiff may base their claim on negligence, breach of warranty, or strict liability in tort. Negligence occurs when the manufacturer fails to exercise reasonable care in the design, manufacture, or sale of a product. Breach of warranty occurs when the product doesn't meet the standards or claims made by the manufacturer or seller. Strict liability in tort imposes liability on the manufacturer regardless of fault, if the product is found to be defective and caused harm to the plaintiff. Hence, all options (A), (B), and (C) are valid claims in a products liability case, making (D) the correct answer.

In a Products Liability Case, the Plaintiff's Claim May Be