What is a primary factor in determining strict liability in product cases?

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In strict liability cases involving products, a primary factor is whether the product posed an unreasonable danger to consumers. This concept acknowledges that manufacturers and sellers can be held liable for harm caused by their products, regardless of whether they exercised reasonable care in producing or selling the item. The rationale behind this is to ensure that consumers are protected from unsafe products, incentivizing manufacturers to adhere to strict safety standards.

When evaluating whether a product is unreasonably dangerous, the court looks at factors such as the product's design, its intended use, and the potential risks it poses to users. If a product is deemed to pose an unreasonable risk of harm, the manufacturer may be held strictly liable even if it was produced with care and free of defects.

Other potential factors, such as the legality of the product's use, its pricing, or the absence of known defects, do not directly influence the strict liability standard, which focuses specifically on the inherent risks associated with the product itself. Thus, recognizing a product's unreasonable danger is crucial for establishing strict liability in tort law.

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