Product liability law governs who is responsible for dangerous or defective products. It is sometimes easier for injured individuals to recover damages through product liability laws than ordinary injury laws. When a manufacturer or seller places a dangerous or defective product in the hands of a consumer, they can be held liable for injuries that result. Plainly put, product liability law requires that a product meet the typical expectations of a consumer.
There is no federal product liability law. Instead, each state has their own rules, and legal actions can be brought based on negligence, strict liability, or breach of warranty. Liability for a dangerous or defective product can be placed on any party in the distribution chain, such as:
- The manufacturer
- A manufacturer of parts
- The party that assembles or installs the product
- The wholesaler
- The retailer
To prove product liability, you must show that the product caused injury, was defective, and the defect made it unreasonably dangerous to use as intended. There are three types of defects that may be used to place liability on a defendant:
Design defects - The defect was present from the beginning before the product was manufactured. Somewhere in the design phase, the product was made defective.
Manufacturing defects - The defect occurred at some time during the construction of the product.
Marketing defects - The way the product was marketed was faulty, such as failure to warn of dangers, inadequate instructions for use, or improper labeling.
A claim for product liability requires that the following be met:
The product caused an injury or loss - Defective products can be dangerous, but without an actual injury or loss, you won't have a claim.
The product was defective - It must be proven that the product was defective through design, manufacturing, or marketing. It's required that manufacturers provide adequate warnings about the risk of injury and instructions for use.
The defect was the cause of your injury - There must be a link between the use of the product and your injury.
You were using the product as intended - It must be proven that you were using it as it was designed to be used. For example, if you put a glass bowl on top of a stove and used it to fry chicken, and the dish explodes and causes an eye injury, you wouldn't likely have a claim since a glass dish isn't designed to be used on a stovetop.