Scenario:

In the current business environment, there is some discussion about the ethics of product safety and particularly about the issue of liability. There are a great many products and services potentially available on the market whose use may pose some risks to users. In some cases, we prohibit sale altogether, or significantly restrict access. In some cases, we allow sale but require inclusion of "warning" information. In some cases, we have no restrictions but allow injured users to sue sellers for damages under a variety of theories of liability.

For this discussion, consider the issue of marijuana and specifically the question of under what conditions, if any, it should be legally available in South Dakota.

Qyestion:

If the product is legalized, what liability rules should be applied if someone claims that injury has resulted from use of the product?