Section 15.22 Generally (the Manufacturing Chain)

• Library: Tort Law 2016

A. (§15.22) Generally (the Manufacturing Chain)

As a general proposition, strict liability applies to any person engaged in the business of selling products for use or consumption. Welkener v. Kirkwood Drug Store Co., 734 S.W.2d 233, 241 (Mo. App. E.D. 1987). It, therefore, applies to "any manufacturer of such a product, [and] to any wholesale or retail dealer or distributor . . ." (any party in the "manufacturing chain") and to the operator of a restaurant. It does not apply, however, to occasional sellers of food or similar products that are not in the business of making such sales. Id. at 241 (quoting RESTATEMENT (SECOND) OF TORTS § 402A cmt. f (1965)). In short, a defendant cannot be held liable under...