Product liability
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for any injuries or damages caused by defective products they provide to consumers. This area of law is designed to protect consumers from unsafe products and to hold those involved in the production and distribution chain accountable for harm caused by their products.
Types of Product Defects[edit | edit source]
Product liability claims generally fall into three main categories:
- Design defects: These occur when a product is inherently dangerous or useless due to its design, even if it is manufactured correctly.
- Manufacturing defects: These occur when a product is improperly manufactured and departs from its intended design, making it unsafe.
- Marketing defects: These involve improper instructions or failures to warn consumers of potential risks associated with a product.
Legal Theories of Liability[edit | edit source]
There are several legal theories under which a product liability claim can be brought:
- Negligence: This theory requires the plaintiff to prove that the defendant failed to exercise reasonable care in the design, manufacture, or warning of the product.
- Strict liability: Under this theory, a manufacturer can be held liable for a defective product regardless of whether they were negligent.
- Breach of warranty: This involves a failure to fulfill the terms of a promise or claim made regarding the quality or type of product.
Defenses to Product Liability[edit | edit source]
Defendants in product liability cases may raise several defenses, including:
- Assumption of risk: The plaintiff knew of the defect and its dangers but decided to use the product anyway.
- Product misuse: The product was used in a manner not intended by the manufacturer.
- Comparative fault: The plaintiff's own negligence contributed to their injury.
Related Legal Concepts[edit | edit source]
Notable Cases[edit | edit source]
See Also[edit | edit source]
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