How is the theory of negligence in product liability different in common law states compared to countries that don't follow common law?

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The common law negligence theory, as it relates to products liability, is essentially the same in both types of laws; however, two doctrines make it somewhat easier for a common law claimant to meet the proof requirements. One is the doctrine of res ipsa loquitur. This excuses an injured claimant who can show that a product was defective when it left the hands of the defendant from having to prove that the defendant caused the defect. The other doctrine is negligence per se. This excuses a claimant from showing that the defendant breached a duty of care in those cases where the defendant violated a statutory manufacturing or disclosure requirement.

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