The manufacturer contends that the trial court erred in refusing to give three instructions requested by it. It appears from the record, however, that the substance of two of the requested instructions was adequately covered by the instructions given and that the third instruction was not supported by the evidence.
The judgment is affirmed.
GIBSON, C. J., and SCHAUER, McCOMB, PETERS, TOBRINER and PEEK, JJ., concur.
Strict Liability in Tort in Products Liability
Rest. Sec. 402A
(1) One who sells a product in a defective condition unreasonably dangerous to the user or consumer or to property is liable to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if
(a) the seller is engaged in the business of selling such a product, and
(b) it is expected to and does reach the consumer without a substantial change in the condition in which it is sold.
(2) The rule stated in Subsection (1) applies although
(a) the seller has exercise all possible care in the preparation and sale of his product, and (b) the consumer has not bought the product or entered into any contractual relation with his seller.