Instruction No.10

Instruction No.10

I will now define the doctrine of strict liability to you.Keep in mind that this is only a general definition,and must be considered along with the specific instructions on the same topic which follow.The general principle of strict liability as it applies in the State of Montana is:

(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 such a product,and

b) it is expected and does reach the user or consumer without substantial change in the condition in which it is sold.(https://www.daowen.com)

(2) The rule stated in Subsection (1) applies although

a) the seller has exercised all possible care in the preparation and sale of his product,and

b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.