Which of the following is generally NOT a defense to a claim against a manufacturer under 402A?
A) Contributory negligence on the part of the plaintiff
B) Express assumption of the risk
C) Misuse or abuse of the product
D) Subsequent alteration of the product by the plaintiff

Question

Quizplus · Accepted Answer

Under Section 402A of the Restatement (Second) of Torts, contributory negligence on the part of the plaintiff is generally not a defense for the manufacturer in a strict liability claim. This is because strict liability focuses on the condition of the product itself, rather than the behavior of the plaintiff.

Which of the Following Is Generally NOT a Defense to a Claim