In a product liability action,the plaintiff typically relies on ________ or ________.

Question

Quizplus · Accepted Answer

In a product liability action, the plaintiff typically relies on the traditional tort theory of negligence (where the plaintiff must prove that the defendant breached a duty of care owed to the plaintiff) or the modern tort doctrine of strict liability (where the plaintiff need not prove negligence, but instead must prove that the product was defective and caused harm). Therefore, the best choice is D, which includes both theories. Option A (contributory negligence; comparative negligence) and Option B (comparative negligence; assumption of the risk) are incorrect because they both only include variations of negligence theories, which are not always the basis for product liability claims. Option C (contributory negligence; assumption of the risk) is also incorrect because it does not include the modern tort doctrine of strict liability, which is often relied upon in product liability cases. Option E (the traditional tort theory of strict liability; the modern tort doctrine of negligence) is also incorrect because it contains an incorrect mix of tort theories.

In a Product Liability Action,the Plaintiff Typically Relies on ________