19. Is the patient likely to recover damages in an action against the dentist based on strict products liability and malpractice?

A products liability claim may be brought by a plaintiff under multiple different theories: (i) intent; (ii) negligence; (iii) strict liability; (iv) implied warranties; and (v) express warranties. The prima facie case for a products liability claim based in strict liability includes (i) a commercial supplier of a product; (ii) producing or selling a defective product; (iii) actual and proximate cause; and (iv) damages. The plaintiff must prove that the defect existed when the product left the defendant's control. For liability to attach, the product must also reach the plaintiff without substantial alteration. Generally, privity between the parties is irrelevant except for certain warranty theories of liability.

To succeed on a claim for strict products liability, the plaintiff must establish (i) the defendant owed a strict duty as a commercial supplier; (ii) that the product created or sold was defective; (iii) causation; and (iv) damage. Under a theory of strict liability, commercial suppliers have an absolute duty to make products safe. To qualify as a commercial supplier, a defendant must be in the business of selling or producing products.

A is correct. Here, the dentist used a defective needle, but was a service provider and not a commercial supplier in the business of selling needles. Therefore, the dentist would not be held strictly liable for the patient's injury due to the defective needle. Likewise, the dentist would also not be liable for malpractice, because the facts indicate that the dentist exercised due care and did not deviate from the professional standard of care. The patient would not recover against the dentist either under strict products liability or based on negligence.

B is incorrect. To be liable for malpractice, the dentist must have breached the professional standard of care. Here, there are no facts to suggest that the dentist did not exercise due care or breached the professional standard of care. Therefore, the dentist will not be liable for malpractice.

C is incorrect. To be liable on the basis of products liability, the defendant must be a commercial supplier. Here, the dentist is not the commercial supplier of needles. Therefore, the dentist will not be held liable on the basis of products liability.

D is incorrect. Similar to B and C, the dentist is not liable for malpractice because there is no evidence that he did not exercise due care. Further, the dentist is not liable under products liability because the dentist is not the commercial supplier of needles.