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The Third Restatement of the Law, Torts: Products Liability §2(b) [1] favors the risk-utility test over the Second Restatement of the Law, Torts §402(a), which favored the consumer expectations test. §2(b) states, in part, "A product is defective when, at the time of sale or distribution...is defective in design. A product is defective in ...
Product liability is the area of law in which manufacturers, distributors, ... Manufacturers have better knowledge of their own products' dangers than do consumers ...
In legal disputes regarding product liability, a consumer-expectations test is used to determine whether the product is negligently manufactured or whether a warning on the product is defective. Under this test, the product is considered defective if a reasonable consumer would find it defective.
[4] which is the precursor rule for product liability. The portion of the MacPherson opinion in which Cardozo demolished the privity bar to recovery is as follows: If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
An issue in product liability cases is whether the product warranted a duty to warn about known dangers. [7] In the popularized 1994 Liebeck v. McDonald's Restaurants case where the individual Liebeck sued McDonald's for damages for injuries due to spilling hot coffee on her lap.
Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe". [1] The field of law that addresses injuries caused by defective products is called product liability. A wide range of circumstances can render a product defective.
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