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Restatement 2

nd
402A Tentative Draft of
Restatement 3
rd
New York, (PJI and oss!
Prod"#t
$sa%e &
'ondition
Reaches consumer without
substantial change from the
condition it was sold.
Must be defective at the time
of sale
Used for intended or
reasonably foreseeable use.
(PJI 2:!"
(tandard Unreasonably #angerous $ot reasonably safe. $ot reasonably safe. (PJI
2:!"
)an"fa#t"rin%
Defe#t
#oes not conform in some
significant as%ect to the
intended design. (Ri& v.
'eneral Motors (or%.) %.
*22"
#e%arts from intended
design.
+ reasonable %erson) who
,new of the %otential for
causing in-ury) should not
mar,et the %roduct. (PJI
2:!"
Desi%n Defe#t Reasonable %erson would not
have %ut in the stream of
commerce if they had
,nowledge of its harmful
character. (Philli%s v.
.imwood Machine (o.) %.
*2/" (0ame as $1"(22".
3he foreseeable ris, could
have been reduced by a
reasonable alternative
design.
+ reasonable %erson who
,new of the %otential for
causing in-ury and the
alternative design) should
not mar,et the %roduct. (PJI
2:!"
*arnin%s &
Instr"#tion
Defe#t
did not ade4uately warn of
a %articular ris, that was
,nown or ,nowable at the
time of the sale. (+nderson v.
5wens6(orning 7iberglas
(or%. %. */*) 8asbestosis) ya
die.9"
7oreseeable ris, could have
been reduced by reasonable
warnings.
(22" + reasonable %erson
who ,new of the %otential
for causing in-ury should not
mar,et the %roduct.
'om+arative
fa",t
If the in-ury results from
abnormal handling) the seller
is not liable. (7ord Motor (o.
v. Matthews) %. *:"
(22". Probably the same as
Restatement 2
nd
; !<2+.
. =as the %roduct being
misused.
2. If the had used
reasonable care) would
he have discovered the
defect and its ris,2
>. If the could have
otherwise avoided the
in-ury by use of
reasonable care.
(PJI 2:!"
Pro-imate
'a"se
Pro&imately caused the in-ury
of the . (Ri& v. 'eneral
Motors (or%.) %. *22"
8Foreseeable ris, could
have been reduced.9
0ubstantial factor in bringing
about the in-ury. (PJI 2:!"