ABSTRACT

Prosser (Schwartz, Kelly, and Partlett, 2005) observes, “‘Products liability’ is the umbrella term for the liability of a manufacturer, seller, or other supplier of chattels, to one with whom he is not in privity of contract, who suffers physical harm caused by the chattel.” He goes on to say, “The liability may rest upon the supplier’s negligence or upon a warranty, or it may be based on strict liability in tort. Strict liability theories have become the paramount basis of liability for manufacturers of products, with negligence and breach of warranty also remaining important” (p. 718).