PRODUCTS LIABILITY LAW
Products liability concerns the liability of any or all parties involved in the manufacturing and delivery of a product.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.
In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:
- design defects - exist before the product was manufactured
- manufacturing defects - occurs during the production of a product
- defects in marketing - improper instructions and warnings
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Product Recalls
The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year. A large percentage of these recalls involve children's products and toys. Other products recalled because of defects or dangerous conditions include automobiles, tires, furniture, household appliances, tools, and safety equipment such as smoke detectors and fire alarms. These products are designed for our safe use, when they fail because of defects they can cause serious injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and even death.
There are many examples of product liabilities including defectively designed or manufactured products; products that do not live up to their respective warranties or guarantees; products that causes injury due to normal use and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage.