Product liability law refers to the liability of any or all of the parties along the chain of manufacture of a product for the damage caused by that product. This would include the manufacturer of parts, an assembling manufacturer, the wholesaler, and the retail store owner.
The goal of product liability law is to protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting those products into the marketplace that they knew or should have known were dangerous or defective. Depending upon the jurisdiction, the liability of the various parties involved as the product goes down the line from the manufacturer to the consumer can vary.
What Products Are the Subject of Product Liability Lawsuits?
Products containing inherent defects that cause harm to a user of a product are the subjects of products liability suits. While products are generally thought of as retail items, product liability law has been expanded to include intangible items (gas), natural items (pets), writings (navigational charts) and real estate (leaky walls, defective siding, etc.). Essentially, product liability can extend to almost anything that can be sold.
Theories of Liability
Product liability claims can be brought under a number of different theories, including:
Design Defects. With a design defect, liability arises from a mistake in the design of a product, which makes the product dangerous when used as intended or for another reasonably foreseeable purpose.
Manufacturing Defects. With a manufacturing defect, liability arises from a defect in the manufacturing process.
Marketing Defects. A marketing defect involves such issues as inadequate warning labels or instructions.
Most jurisdictions have created comprehensive product liability statutes to govern litigation over injuries caused by defective products. Depending upon the jurisdiction, a plaintiff in a product liability lawsuit may be able to pursue more than one theory of liability:
Negligence. In a negligence action, the plaintiff must demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses; they would have detected the defect had they exercised reasonable care in the design, manufacture or inspection process; they failed to meet their obligations and that the plaintiff was injured by the product as a result of the defect.
Strict Liability. Under a strict liability standard, the plaintiff need only establish that the product is defective, there is no need to show fault of a party in the chain of distribution.
Breach of Warranty. A warranty basically is a contract of fitness between a manufacturer or vendor and the customer. Under the theory of breach of express warranty, the plaintiff will have to show a violation of the actual written warranty associated with a product. Under theory of breach of implied warranty, the plaintiff will have to show that although there is no express warranty or the defect alleged is not covered by the express warranty, the defect in the product renders it unfit for the purpose for which it was intended.
Trends in Product Liability Law
Recent product liability litigation has involved:
- tobacco products
- pharmaceutical products
- latex allergies
- recalled toys
- breast implants
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