Question

The bases for an action in strict liability that are set forth in the Restatement (Second) of Torts Section 402A can be summarized by the following six requirements. 1. The product must have been in a______ when the defendant sold it. 2. The defendant must normally be engaged in______ the (or otherwise distributing) that product. 3. The product must be______ to the user or consumer because of its defective condition (in most states). 4. The plaintiff must incur______ to self or property by use or consumption of the product. 5. The defective condition must be the______ of the injury or damage. 6. The goods must not have been______ from the time the product was sold to the time the injury was sustained.

Answer 1

Answer:

defective condition,

business of selling,

unreasonably dangerous,

physical harm,

proximate cause,

substantially damaged

Explanation:

the Restatement (Second) of Torts Section 402A

is a law guiding product liability

part of which states that

(1) One who sells any product in a defective manner unreasonably dangerous to the user  or consumer or to his property is subject to liability for physical harm thereby caused to

the ultimate user or consumer, or to his property, if

(a) the seller is engaged in the business of selling such a product, and

(b) it is expected to and does reach the user or consumer without substantial change

in the condition in which it is sold.

From the answer to the question given shall follow this order

-defective condition,

-business of selling,

-unreasonably dangerous,

-physical harm,

-proximate cause,

- substantially damaged

Reference:

Robert F. Harchut, Products Liability - Restatement (Second) of Torts - Section 402A

- Uncertain Standards of Responsibility in Design Defect Cases -

After Azzarello, Will Manufacturers be Absolutely Liable in

Pennsylvania, 1978.