| Product Liability
Manufacturers, retailers and any other entities dealing with consumer products have a legal duty to ensure that their products, when used properly, cause no injury to the consumer. Manufacturers and sellers must generally use "reasonable means" to ensure the safety of their products.
Reasonable means includes:
- Providing a warning on the product itself
- Including proper usage instructions with the product
- Testing the product for safety
- Ensuring that none of the parts used in the product are defective
Individuals / Companies Who can be Held at Fault in a Products Liability Case
- Designers
- Parts Manufacturers
- Distributors
- Assemblers
- Retailers
Establishing Liability Where a Consumer Product Has Caused Injury
There are four ways in which a manufacturer or seller could be held liable for an injury caused by its product:
Negligence
Negligence occurs generally where a manufacturer or seller of a product fails to exercise reasonable care in producing a particular product. For example, selling a stroller with wheels known to fall off, or selling a stroller with wheels that have not been properly tested.
Breach of Warranty
Breach of warranty may be the result where a product does not stand up to the claims made by the manufacturer. For example, a table that is sold under the promise that it can withstand 500 pounds, but collapses under 200 pounds is in breach of warranty.
Misrepresentation
Misrepresentation generally occurs where advertising leads consumers to believe a product is something it is not.
Strict Liability
Strict liability is a legal doctrine that may find a manufacturer or seller liable for a defective or dangerous product and for any injuries sustained by that product, regardless ! of fault or intent. In order to hold the manufacturer or seller responsible, the injured party must show all of the following:
- The product was defective
- The defect made the product excessively harmful
- The defect in the product was the cause of the injury
Escaping Liability
Manufactures or sellers may attempt to escape liability by using any of the following defenses:
- The risk was assumed by the consumer with regular use of a product
- The consumer had a preexisting condition that caused the injury
The consumer used the product improperly
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