Suing under the negligence theory of product liability is often an unsatisfactory remedy for the injured plaintiff to pursue because proving specific acts of negligence on the part of the defendant is difficult.

Question

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Negligence requires the plaintiff to prove that the defendant owed a duty of care, breached that duty, and directly caused the injury through their breach. This can be difficult to establish, especially in complex product liability cases where pinpointing specific negligent acts can be challenging.

Suing Under the Negligence Theory of Product Liability Is Often