Also known as: § 402A · 402A · Restatement (Second) of Torts § 402A · strict products liability
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule requiring that the value of any constitutional right of homestead in the family home received by a surviving spouse or child be charged against the spouse or child's homestead allowance to the extent the family home forms part of the decedent's estate.
After her husband dies, Sofia Stern receives the family home under a state constitutional homestead right. The home forms part of the estate. The probate court values the constitutional homestead interest and reduces Sofia's statutory homestead allowance by that amount under the applicable rule.
After her mother dies, Maria Lopez receives a constitutional life estate in the family home that is part of the estate. The probate court determines the actuarial value of that life estate and reduces Maria's homestead allowance by the same amount under the rule.
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Following his father's death, minor child Daniel Ruiz receives a constitutional homestead interest in the family residence included in the estate. The court calculates the value of Daniel's interest and offsets it against his statutory homestead allowance pursuant to the rule.
Surviving spouse Helen Park receives a constitutional homestead life estate in the marital home that is part of the estate. The probate court values the terminable interest and reduces Helen's homestead allowance by that amount under the rule.
After her husband's death, Anna Morales receives a constitutional homestead right in the family home. Because the home would have been part of the estate but for the constitutional provision, the court applies the rule to charge the homestead value against her allowance.
In a state that has adopted the optional provision, surviving spouse Robert Klein receives a constitutional homestead interest in the family home forming part of the estate. The court reduces his homestead allowance by the value of that interest under the rule.
No. The rule charges only the value of the constitutional homestead interest, which may be considerably less than full value when the constitution grants only a terminable life estate.
No. The statute is an optional provision designed solely for adoption in states that have a constitutional homestead right.
No offset occurs. The rule applies only to the extent the home forms part of the decedent's estate or would have been part of the estate but for the constitutional homestead provision.
…liable if the product was defective. In 1965, soon after our decision in Greenman , the Restatement Second of Torts published section 402A, which set forth the strict liability doctrine (hereinafter section 402A).[^maj-1] Almost all states have adopted some form of strict liability since that time. (Prosser & Keeton on Torts…