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 voluntary 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 against strict liability claims for product defects. This is because strict liability focuses on the condition of the product at the time it leaves the manufacturer's control, rather than on the behavior of the plaintiff.

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