Question

Mary is shopping in Joe's Hardware Store when a nail gun in use by Oscar, one of the store's employees, fires without warning and hits Mary in the leg. Joe checks the gun and discovers that it was assembled improperly. Mary files a suit against Nail Gun, Inc., the maker of the gun, on the ground of strict product liability. What are the elements for an action based on strict product liability

Answer 1

There are several elements that Mary has to prove regarding strict product liability, although most of them are related to each other:

1. product is defective: it shot by accident, not because Oscar shot it
2. the manufacturer distributes the product
3. the product was dangerous because it was defective (related to 1)
4. Mary was harmed
5. the product's defect is responsible for harming Mary
6. the product wasn't altered by a third party