What is Product Liability?

Manufacturers have a legal responsibility to ensure that their products, when used in the intended manner, do not harm consumers. This responsibility extends to designers, wholesalers, retailers, and anyone else involved with the sale of consumer products.

In the past, "buyer beware" was the prevailing legal notion. Current law, however, imposes strict liability on the people who make defective products. It assumes that manufacturers and sellers must take reasonable means to protect consumers. This includes providing warnings when potential hazards accompany specific products, as well as ensuring that defective or malfunctioning parts are not used in their products.

Establishing Product Liability for a Defective Product

There are four legal means for establishing liability in personal injury cases where a defective product has caused injury, each of which can hold the manufacturer, seller, or distributor of a product responsible for the harm it caused.

• Negligence occurs when a person or entity does not provide expected, reasonable care when it has a legal responsibility to do so. The lack of appropriate care can be either the result of action or inaction and due to either carelessness or malice. In product liability cases, negligence can occur if defective parts or improper assembly results in a dangerous or malfunctioning product.
• Breach of warranty takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.
• Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is or that distract them from potential risks inherent in the use of a product. Misrepresentation can be argued under breach of warranty or under strict liability.
• Strict liability makes the manufacturer or seller of a defective product responsible for all relevant injuries sustained. If the victim can show that the product was defective, that the defect was the cause of the personal injury, and that it rendered the product excessively hazardous, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.

Types of Product Defects pertaining to Product Liability

There are at least three types of product defects that can result in a personal injury to those who use them.

• Design defects - These occur before the product is created, in the initial planning phase.
• Manufacturing errors - These flaws result from mistakes or problems that take place during the actual production phase, and they may only affect a few specific items out of many properly working, safe products.
• Marketing misrepresentation - This occurs when sellers do not provide adequate warnings or instructions regarding potential risks that accompany specific products.

Depending on the stage at which the problem was initiated, more than one party (designer, manufacturer, wholesaler, retailer, advertiser, etc.) may bear legal responsibility. Strict liability makes everyone involved in the making of consumer products potentially accountable for any resultant personal injury.

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