Atkins v. American Motors Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a plaintiffs prima facie case “is established when the plaintiff proves substantially the elements set out” in Section 402A
• rejecting both the adoption of the Second Restatement of Torts’ “pure strict tort theory” and “adherence to the traditional negligence theory of tort liability” for product liability claims
• Discussing the interplay between negligence per se, strict liability, and the AEMLD
• “We simply hold that selling a dangerously unsafe product is negligence as a matter of law.”
• “The manufacturer, or retailer, is held liable because he has created an unreasonable risk of harm.”
• § 402A, Restatement (Second) of Torts (1965), substantially adopted as measure of prima facie case in product liability litigation

Source: CourtListener parenthetical corpus (CC0).