Written by attorneys · grounded in primary & secondary sources — see below
A person who uses or consumes a product placed into the stream of commerce by a commercial seller.
Usha Upton purchased a sealed jar of sauce from a supermarket. When she twisted the lid as directed the jar shattered and cut her hand. The manufacturer had placed the jar into commerce in a defective condition that reached her without change. Usha qualifies as the user or consumer entitled to recover for her physical harm.
Umar Usmani operated a pesticide sprayer purchased by his employer from the manufacturer. The sprayer reached him in its original condition and caused illness during ordinary use. Umar is the user or consumer protected by the rule even though he never bought the product himself.
Select any source to read its text and confirm it supports the definition.
Ulf Ulfsson attended a concert and was injured when a lighting rig fell from its mounts. The rig had been sold by its manufacturer to the promoter and installed at the venue. Ulf is the user or consumer who may recover despite having no contractual relation with the seller.
Ugo Ucelli was driving a new sedan when the side airbag deployed with excessive force and fractured his jaw. The vehicle reached him without substantial change from the condition in which the manufacturer sold it. Ugo is the user or consumer whose injury triggers strict liability.
Usman Uddin operated a metal press at his factory that shipped without the advertised blade guard. The press reached the workplace in its sold condition and crushed his hand during normal operation. Usman is the user or consumer entitled to recover under strict liability.
Una Ueda rode in a vehicle that rolled over when the roof structure collapsed. The car had reached the ultimate purchaser without substantial change from the condition in which the manufacturer sold it. Una is the user or consumer whose physical harm supports a strict liability claim.
No. The rule applies even though the user or consumer has not bought the product from or entered into any contractual relation with the seller. Recovery extends to any ultimate user or consumer who encounters the product in the stream of commerce.
No. The rule applies although the seller has exercised all possible care in the preparation and sale of the product. Strict liability focuses on the defective condition of the product rather than the seller's conduct.
No. The term applies only to those who use or consume the product. The Restatement rule does not extend the definition to bystanders.
The product must reach the user or consumer without substantial change in the condition in which it is sold. Minor adaptations that do not alter the defect or create the danger do not defeat liability.
…Section 402A provides: “(1) 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 (a) the seller is engaged in the business of selling…