Under which condition can a product liability claim be based on negligence?

A product liability claim based on negligence is founded on the concept that a manufacturer or seller must exercise due care in the design, manufacturing, and marketing of their products to ensure they are safe for consumers. In this context, if the risk of injury from the product was foreseeable and the company failed to take appropriate actions to prevent such injury, this failure constitutes negligence.

This condition emphasizes the responsibility of the company to actively assess and mitigate risks associated with their products. For instance, if a manufacturer knows that a particular design could potentially lead to harm but ignores this knowledge in the design or production process, they can be held liable for negligence should an injury occur.

In contrast, the other options provided do not meet the thresholds for negligence claims. Poor advertising does not directly correlate to negligence unless it misrepresents the safety of the product. Similarly, if the plaintiff did not follow the product's instructions, this typically indicates a lack of due care on the part of the user rather than a failure by the manufacturer. Lastly, selling a product at a lower price than competitors does not inherently suggest negligence, as pricing strategies do not directly affect the safety or defensible design of the product.