If the failure to exercise reasonable care in the creation or marketing of a product causes an injury, the basis of liability is negligence. In a tort action for damages, a violation of a statutory duty is often held to constitute negligence per se. A. Implied Warranties 1. Safety - goods are safe for intended use.
Goods can be merchantable but unfit for a particular purpose.
A defendant may be held liable for the result of his or her act regardless of intention or exercise of reasonable care. Defendant Is Normally in the Business of Selling the Product 3. There Was a Less Dangerous, Economically Feasible Alternative. But the manufacturer failed to use it. Reasonably Foreseeable Misuses Suppliers are generally required to design products that are either safe when misused or sold with some protective device.