Elements of strict product liability: Which of the following is an element?

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Multiple Choice

Elements of strict product liability: Which of the following is an element?

Explanation:
Causation is the essential link in strict product liability. Under this theory you don’t need to prove that the defendant acted with intent or negligence; you must show that a defect in the product caused the injury. The notion of intent to harm fits negligence-based claims, not strict liability, and negligent design would be handled under a negligence theory rather than strict liability. Assumption of risk by the plaintiff is a defense, not an element the plaintiff must prove. So the required element is proving that the defect caused the injury.

Causation is the essential link in strict product liability. Under this theory you don’t need to prove that the defendant acted with intent or negligence; you must show that a defect in the product caused the injury. The notion of intent to harm fits negligence-based claims, not strict liability, and negligent design would be handled under a negligence theory rather than strict liability. Assumption of risk by the plaintiff is a defense, not an element the plaintiff must prove. So the required element is proving that the defect caused the injury.

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