In order to prevail in a lawsuit based upon strict liability in tort for persona
ID: 2558605 • Letter: I
Question
In order to prevail in a lawsuit based upon strict liability in tort for personal injuries resulting from the use of a defective product, one of the elements the plaintiff must prove is that the seller (defendant): (Accounting majors please note this is a previous CPA exam question)
Was engaged in the business of selling the product.
Failed to exercise due care.
Defectively designed the product.
Was in privity of contract with the plaintiff.
A.Was engaged in the business of selling the product.
B.Failed to exercise due care.
C.Defectively designed the product.
D.Was in privity of contract with the plaintiff.
Explanation / Answer
Answer
C.Defectively designed the product.
In an action based on strict liability in tort for a defective product the plaintiff need not prove that a breach of a legal duty to exercise reasonable care proximately caused the plaintiff's injury. Rather, the plaintiff must prove that the product was defective, the defect rendered it unreasonably dangerous, the unreasonably dangerous condition of the product caused the plaintiff's harm or damage, the seller was in the business of selling the product, and the product reached the user or consumer without substantial change from the condition in which it was sold.