• 2007 - Strict Products Liability
  • C-21.00
    • Products Liability
    • Strict Products Liability
    • Tort Liability
    • Tort Liability
  • To find a [manufacturer] [seller] at fault for strict product liability for defect in the [design of] [manufacture of] [adequacy or lack of warnings about] the product, the Plaintiff must prove these elements by the greater weight of the evidence:

     

    1) The [manufacturer] [seller] was in the business of selling the type of product;

     

    2) The product was defective because of [its design] [its manufacture] [inadequate or lack of warnings] when the [manufacturer] [seller] sold it, regardless of how careful the [manufacturer] [seller] was;

     

    3) The defective condition made the product unreasonably dangerous to the Plaintiff when put to a use for which it was intended or could reasonably be anticipated; and

     

    4) The product was expected to and did reach the [Plaintiff] [user] without substantial change in the condition in which it was sold.

    * * * * *

    • 28-01.1-01
    • 28-01.1-05
    • 28-01.1-06
    • 28-01.3
    • Day v. Gen. Motors Corp., 345 NW2d 349 (ND 1984)
    • Downtowner, Inc. v. Acrometal Prods., Inc., 347 NW2d 118 (ND 1984)
    • Johnson v. Am. Motors Corp., 225 NW2d 57 (ND 1974)
    • Kaufman v. Meditec, Inc., 353 NW2d 297 (ND 1984)
    • Mauch v. Mfrs. Sales & Serv., Inc., 345 NW2d 338 (ND 1984)
    • Morrison v. Grand Forks Housing Auth., 436 NW2d 211 (ND 1989)
    • Olson v. Chesterton Co., 256 NW2d 530 (ND 1977)
  • Notes: