Generally, manufacturer have a responsibility to market safe products. A manufacturer could be held strictly liable when one
of its products, placed on the market with the knowledge that it will
be used without inspection for defects, proves to have a defect that
causes injury to a human being.
Product liability claims can be based on negligence,
strict liability, or breach of warranty of fitness depending on the
jurisdiction where a claim is filed, and/or where the accident or negligence occurred. 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 a product liability case, the plaintiff must prove that the product is defective. Under current product liability law, there are three types of product defects that give rise to liability in
manufacturers and suppliers: 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
offense. To establish strict liability the plaintiff must show the degree of
carefulness by the defendant. In other words, 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.
For more information on how we can assist you in a product liability case, please contact us or fill out our Accident Questionnaire.