Under the product liability theory of strict liability as expressed in the Restatement (Second) of torts, what is an essential fact that must be present if strict liability may be used in a lawsuit as the basis for recovery?

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Quizplus · Accepted Answer

Under the product liability theory of strict liability, an essential fact that must be present is that the product must be unreasonably dangerous. This means that the product poses an undue risk of harm to consumers beyond what would normally be expected for that type of product. It is not necessary for the plaintiff to prove that the manufacturer was negligent or breached a duty of care, only that the product was unreasonably dangerous and that the plaintiff was injured as a result.

Under the Product Liability Theory of Strict Liability as Expressed