Falkenbury v. Elder Cadillac, Inc.

The majority employs many often-used rules of law, derived from section 402A of the Restatement (Second) of Torts. I cannot take issue with this language, as it has become a well-established part of the rhetoric of strict products liability. But in applying these generalities to the facts of this case, the majority has reached a result which, in effect, substitutes the foreseeability of the accident for the unreasonably dangerous nature of the product as the outer limit of liability. Because this is an unprecedented and unrealistic expansion of the law of products liability, I must dissent…