Bob is shopping in Carl's Hardware Store when a nail gun in use by Dan, one of Carl's employees, fires without warning and hits Bob in the leg. Carl checks the gun and discovers that it was assembled improperly. Bob files a suit against Eagle Tools,

Question

Inc, the manufacturer of the gun, for product liability, on the ground of strict liability. What are the elements for an action based on strict liability? In whose favor is the court likely to rule and why?

Answer 1

In an action based on strict lia-bility, a plaintiff must show that (1 ) a product was defective, (2 ) the defendant was in the business of distributing the product, (3 ) the product was unreasonably dangerous due to the defect, (4 ) the plaintiff suffered harm, (5 ) the defect was the proxi-mate cause of the harm, and (6 ) the goods were not substantially changed from the time they were sold. A plaintiff does not have to show that there was a failure to exer-cise due care, and this distinguishes an ac-tion based on strict liability from an ac-tion based on negligence, which requires proof of a lack of due care.
If Bob establishes his case, the court in this problem is most likely to rule in his favor, because the manufacturer would be strictly liable under the circumstances. Strict liability allows a plaintiff to recover dam-ages for injuries resulting from product defects without proof of fault.