Product Liability
Product liability
refers to the liability of any or all parties along
the chain of manufacture of any product for damage
caused by that product. This includes the manufacturer
of component parts (at the top of the chain), an
assembling manufacturer, the wholesaler, and the
retail store owner (at the bottom of the chain).
Products containing inherent defects that cause
harm to a consumer of the product, or someone to
whom the product was loaned, given, etc., are the
subjects of products liability suits. While products
are generally thought of as tangible personal property,
products liability has stretched that definition
to include intangibles (gas), naturals (pets), real
estate (houses), and writings (navigational charts).
Product 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.
In any jurisdiction one must prove that the product
is defective. There are three types of product defects:
design defects, manufacturing defects, and defects
in marketing. Design defects are inherent; they
exist before the product is manufactured. While
the item might serve its purpose well, it can be
unreasonably dangerous to use due to a design flaw.
On the other hand, manufacturing defects occur during
the construction or production of the item. Only
a few out of many products of the same type are
flawed in this case. Defects in marketing deal with
improper instructions and failures to warn consumers
of latent dangers in the product.
Product liability is generally considered a "strict
liability" wrong. 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 care; if there is a defect in the
product that causes harm, he or she will be liable
for it.
The law of products liability is found mainly in
common law of torts (state judge-made law) and in
the Uniform Commercial Code. Article 2 of the UCC
deals with the sale of goods and it has been adopted
by most states. In it, two of the most important products
liability sections are the implied and express warranties
of merchantibility in the sale of goods, §§ 2-314
and 2-315.
If you or someone you know has been
seriously injured, Finch
McCranie, LLP may be able to help you. For your
convenience Finch McCranie, LLP offers you a Free
Case Review. For immediate assistance, please contact
us at Toll
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