Products Liability Cases can contain a number of legal theories of liability, some are based in contract and some are based in negligence:
I. Contract Based claims
Many contract based claims require privity but this not always so. If the person suing on a contract based claim was not the purchaser, than it may still be possible to bring an action as either an intended user or as a third party beneficiary (these last two often adopt a negligence forseeability test with respect to persons who may get hurt).
A. Breach of contract - a very simple showing that in consideration of an exhange of something of valuable a product was delivered that did not do what it was represented it would ...