We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is the Restatement of Torts?

By Toni Henthorn
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

The Restatement of Torts, Second and the Restatement of Torts, Third are authoritative bodies of work that encapsulate the basic principles of United States tort law. They are part of a series of volumes, called the Restatements of the Law, that are produced by the American Law Institute (ALI), a group of distinguished attorneys, law professors, and judges. These volumes are legal commentary, which were drafted over many years by various ALI committees. After intensive review of tort cases and identification of new developments, the committees summarized the data into standard legal rules. Although the Restatement of Torts volumes do not constitute fundamental law, many courts treat them as reliable sources of clarification, illustration, and explanation of tort laws in the U.S.

A revision of the original Restatement of Torts, the Restatement of Torts, Second consists of four main volumes and 26 appendix volumes. Published in 1965, the series covers intentional invasions of interest, negligence, strict liability, product liability, and misrepresentation. Other subjects include defamation, privacy, and interference with domestic or economic relations. Its comprehensive coverage of the complex area of products liability in Section 402A shaped and transformed products liability law for three decades.

Published in 1998, the Restatement of Torts, Third replaces and expands on Section 402A of the preceding series regarding product liability. This more recent series divides product liability cases into three categories — design defects, manufacturing defects, and warning defects. Design defects occur when the product design produces foreseeable chances of injury to a consumer, especially when an alternative design could have reduced those risks. Manufacturing defects are situations in which the product varied from its intended design, and the variance produced harm. Warning defects occur in cases in which an instruction or warning could have reduced or eliminated risks of injury.

The most recent restatement lists the rules that cover the liability of product sellers when the product is defective at the time of sale or after the sale. It also discusses the responsibilities and potential liability of a successor when he purchases a business. Additional topics include the establishment of causation, apportionment of responsibility, waivers, and disclaimers. The treatise formulates separate rules and legal standards of conduct for the various categories of product liability.

Attorneys and courts apply the restatements in a variety of ways. Lawyers often support their legal pleadings with citations from the restatements. Courts can search for relevant, significant cases in the same jurisdiction that also broach the questions before them. Legal researchers can obtain the restatements in print format or read them online.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.