ABSTRACT
In negligence, plaintiff must prove that defendant failed to act with due care under the circumstances and that this act or omission to act proximately caused plaintiff's injury or loss. Negligence liability may follow a manufacturer's failure to exercise due care in the: design or formulation of the product; selection of proper materials for the product; manufacture, fabrication, or packaging of the product; or provision of warnings or instructions for reasonably safe use of the product. In most circumstances, the toxic tort plaintiff can show that defendant owed her a duty of due or ordinary care under the circumstances. In general terms, defendant owes plaintiff a duty of ordinary care where plaintiff and defendant are so circumstanced that a reasonable person in defendant's position would recognize that acting without due care would create an unreasonable risk of injury or loss to plaintiff. An actor's duty of care is commensurate with the risks posed by exposure to the product or substance.
