Design defect in combination power tool (weak screws). Plaintiff recovered at trial under negligence (BPL) and under breach of express and implied warranties.
Manufacturer is strictly liable in tort for damages due to defective goods when manufacturer knows the goods will be used without inspection for defect and plaintiff was unaware of the defects.
These cases are governed by strict tort liability, not by contract warranties, so contract warranty provisions cannot protect manufacturers from liability.
Strict liability ensures that manufacturers of defective products bear the cost of the injuries their products cause. Consumers who are powerless to protect themselves should not have to bear these costs.
Implied warranty of merchantability extended to individuals not party to the sale is necessary in the age of modern merchandizing and its web of contracts.
No privity needed for implied warranties.
NB: Henningsen and NJ are unusual in that they got rid of upstream privity, which most states still retain.
Restatement (Second) of Torts (1966) § 402A. Special Liability of Seller of Product for Physical Harm to User or Consumer.
(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