Which of the following factors is least important in determining whether a manufacturer is strictly liable in tort for a defective product?
A. Whether the product caused injuries.
B. The contributory negligence of the plaintiff.
C. Modifications to the product by the wholesaler.
D. The negligence of the manufacturer.
Answer:D
D is corrent. Under the theory of strict liability, the plaintiff must establish the following: (1) the seller was engaged in the business of selling the product, (2) the product was defective, (3) the defect was unreasonably dangerous to the plaintiff, and (4) the defect caused injury to the plaintiff. If the plaintiff establishes these conditions, then the seller is liable regardless of whether the seller was negligent or at fault for the defective condition of the product. Thus, the negligence of the manufacturer is not a factor in determining the outcome of a case under the theory of strict liability.
A is incorrect. The plaintiff must establish that the product caused injuries in order to hold the seller liable under the theory of strict liability.
B is incorrect. If the plaintiff misuses the product, this could provide a valid defense for the seller. A buyer misuses a product when s/he uses it for some purpose other than the purpose for which the product was originally intended.
C is incorrect. Modifications to the product by the wholesaler may be a factor in determining that the product was defective (an element the plaintiff must establish).