Unter besonderer Berücksichtigung der Produktbeobachtungspflicht
Anhang 2: Relevante Vorschriften des Restatement (Third) of Torts: "Products Liability" (1998)
211 Anhang 2: Relevante Vorschriften des Restatement (Third) of Torts: Products Liability (1998) Restatement of the Law, Third, Torts: Products Liability Copyright (c) 1998, The American Law Institute Chapter 1 – Liability of Commercial Product Sellers Based on Product Defects at Time of Sale Topic 1 – Liability Rules Applicable to Products Generally § 1 Liability of Commercial Seller or Distributor for Harm Caused by Defective Products One engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect. § 2 Categories of Product Defect A product is defective when, at the time of sale or distribution, it contains a ma- nufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings. A product: (a) contains a manufacturing defect when the product departs from its intended design even though all possible care was exercised in the preparation and mar- keting of the product; (b) is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe; (c) is defective because of inadequate instructions or warnings when the foresee- able risks of harm posed by the product could have been reduced or avoided by the provision of...