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Barker v. Allied Supermarket, 20 UCC Rptr. 6 (Okla. Ct. App. 1976)

In 1974, the Oklahoma Supreme Court adopted section 402A of the Restatement (Second) of Torts by a series of three decisions. In doing so, it followed a majority of jurisdictions opting for the strict tort theory of products liability. Prior to adopting the Restatement position, Oklahoma had provided for strict products liability under an implied warranty theory, under both the Uniform Sales Act and, later, the Uniform Commercial Code. While the Restatement position has been adopted for the purpose, typically, of precluding the defenses available to manufacturers under the commercial codes, such adoption has resulted in a dual system of manufacturers’ products liability. Strict liability remedies are available both under the commercial code and in tort. This dual system seemed innocuous enough in its early development. However, confusion has resulted in the areas of defenses, wrongful death and survival statutes, and notice requirements.

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