SPM 415 Chapter Notes - Chapter 2.36: Bell Sports, Bicycle Helmet, Product Liability

• School: Syracuse University
• Department: Sport Management
• Course: SPM 415
• Professor: Jeff Wolohan

Document Summary

2 of the restatement (third) of torts instead of section 402a which has been used in past cases. Holding: the original ruling by the district court was that the defendant is not guilty and bell sports is not liable for the damages. The defendant is not granted his appeal, the ruling of the district court is affirmed: the district court was correct to use sections 1 and 2 of reinstatement (third) of torts as opposed to section 402a. Reasoning: the district court was correct in using sections 1 and 2 as opposed to 402a because they were following berrier, a precedent which had been established two years ago. Due to this precedent of berrier, the ruling of the district court was affirmed: the supreme court of pennsylvania has been trying to move away from 402a as it has confusing language. Section 402a creates a strict liability regime by insulating product liability cases from negligent concepts.