The Theories Of Law That Apply Strict Product Liability And Negligence

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In this court case there are two theories of Law that Apply, Strict product liability and negligence. These theories were originally applied under Delaware law in the case, Stark ex re. Jacobsen V. Ford Motor Co. Thus raising the inquiry of how these theories may have varied had the case’s venue been located in Indiana. According to the West’s Indiana Law Encyclopedia, “ In Strict-Liability actions, the plaintiff must prove that (1) the product was defective and unreasonably dangerous, (2) the defective condition existed at the time the product left the defendant’s control, and (3) the defective condition was the proximate cause of the plaintiff’s injuries” 27 Ind. Law Encyc. Generally ss 10 (2002). All three of these conditions must be met in order for strict liability to be present. The first condition - the product must be defective and unreasonably dangerous – entails that the product in some manner does not operate as it was intended and due to the defect the product poses a threat to the well-being of whomever uses it. The requirement that the defective condition existed at the time of the purchase is important because it requires the product to have been defective when bought, not due to improper use by the purchaser. Finally, for strict liability to exist the defective condition must have caused the plaintiff to suffer an injury. West’s Indiana Law encyclopedia states that, “A product may be defective within the meaning of the product liability act because of

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