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Analysis: Does Restatement of torts standard apply?

The parties disagree as to whether Restatement (Second) of Torts § 402A (1965) retroactively applies to Lunsford’s claim. Section 402A reads:

Special Liability of Seller of Product for Physical Harm to User or Consumer:

One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

The rule stated in Subsection (1) applies although: the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not bought the product from or entered into any contractual relation with the seller.

Courtesy of The Court of Appeals of the State of Washington
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IN THIS SECTION
Defendant motion for summary judgment
strict liability
Summary judgment standard
Review on appeal
Retroactive application standard
Strict liability for product defect
Restatement of Torts
Washington Supreme Court Decisions
Washington appellate court decisions
Retroactive application
U.S. Supreme Court decision
Applicability of Chevron Oil
Application standard
Taskett King Broad rule
Strict product liability standard
Robinson not overruled
Atsbeha standard
Binding precedent
Griffith and St. Pierre cases
Audett case
Chevron standard
American Law Institute

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see also:

strict liability Lunsford case and strict liability for mesothelioma
Learn about Lunsford case and strict liability for mesothelioma

Audett case Lunsford mesothelioma case and Washington Supreme Court in Audett
About Lunsford mesothelioma case and Washington Supreme Court in Audett

The Lunsford case Lunsford case relating to asbestos and mesothelioma
Read about the Lunsford case relating to asbestos and mesothelioma