Chapter 12Strict Liability and Product LiabilityINTRODUCTIONThis chapter continues the overview of tort law, covering strict liability, in which intent is not an ele-ment, and the tort causes of action on which product liability is based.Over the past forty years, few areas of the law have undergone the development that product liability has. Manufacturers and other sellers can be held liable to consumers, users, and bystanders for physical harm or property damage that the goods cause. This is product liability, and the concept encompasses the contract theory of warranty and tort theories of negligence, misrepresentation, and strict liability.The doctrine of strict liability has changed the way in which the liability of manufacturers, distributors, and other sellers of goods is determined. To understand strict liability, contrast it with liability under negli-gence and warranty theories. The main difference between the theories of strict liability and negligence is the lesser burden of proof under the former. Under a theory of negligence, an injured party must show that a manufacturer, for example, did not exercise ordinary care. Under a theory of strict liability, that showing is not necessary (although injury and causation must still be proved). This different burden of proof makes it easier for injured plaintiffs to recover and makes manufacturers and other sellers virtual insurers of their products. Liability on a warranty theory is based in contract, not in tort. An injured party can recover from a seller on a showing that an injury was a result of goods not being fit for ordinary purposes.CHAPTEROUTLINEI.Strict LiabilityUnder the doctrine of strict liability, liability is imposed for reasons other than fault. The origin of the concept in an English case is explained in the text.A.ABNORMALLYDANGEROUSACTIVITIESStrict liability is applied to abnormally dangerous activities because of their extreme risk. Abnormally dangerous activities involve potentially serious harm to persons or property and a high degree of risk that cannot be completely guarded against by the exercise of reasonable care.