Ease Into Prep with a BAR^® Question of the Day

The correct answer is: (B) Against the manufacturer, the distributor, and the retailer only.

In a suit for strict products liability, commercial suppliers at all levels of the distribution chain (i.e., manufacturer, distributor, retailer) are all potential defendants. Therefore, it is true that, in this case, the manufacturer, distributor, and retailer of the toothbrush may be sued by the injured woman. Occasional sellers and those supplying services (such as the dentist in this case) cannot be strictly liable, but may be sued for negligence.

(A) Incorrect. Against the manufacturer, the distributor, the retailer, and the dentist.

In a suit for strict products liability, generally commercial suppliers at all levels of the distribution chain (i.e., manufacturer, distributor, retailer) are all potential defendants. However, occasional sellers and those supplying services cannot be strictly liable, but may be sued for negligence. Here, the dentist will likely be deemed an occasional seller. As such, he should be excluded as a defendant.

(C) Incorrect. Against the manufacturer only.

Even if the manufacturer were responsible for the woman's injuries, the manufacturer will not be the only potential defendant. In a suit for strict products liability, commercial suppliers at all levels of the distribution chain (i.e., manufacturer, distributor, retailer) are all potential defendants. This is true regardless of whether the party is actually at fault for the injury.

(D) Incorrect. Against the manufacturer, the distributor, and the dentist only.

In a strict products liability suit, commercial suppliers at all levels of the distribution chain (i.e., manufacturer, distributor, retailer) are all potential defendants. This is true regardless of whether the party is actually at fault for the injury. Here, the retailer was part of the chain of distribution and, as such, is a potential defendant. However, occasional sellers and those supplying services cannot be strictly liable, but may be sued for negligence. Here, the dentist will likely be deemed an occasional seller, making him an improper party in a strict products liability suit.