For example, for some people, allergies can skyrocket a particular problem that would be manageable in someone without that allergy. Quantities of a defective product that are ingested or used can also play a big role on the ultimate impact, while a choking hazard on a toy intended for toddlers may lead to much more severe consequences than one in a game intended for pre-teens who are much less likely to put foreign objects in their mouths. Although situational specifics can differ significantly, the legal concept underlying product liability law, overall, is the same, and is called duty of care.
When someone becomes injured because of a flaw in a product, claims of product liability are based on state laws, which can vary by state. Liability can exist when the buyer is not properly warned of potential risks. Safety symbols and so forth are regulated by the American National Standards Institute ANSI , which states that warning labels must inform the buyer of existing hazards, the severity of risk, effects of the hazard, and how to avoid the hazard.
The warning must be highly visible and appropriately color coded. The short answer is that it could be one or more parties in the distribution chain. The state has enacted a year statute of repose. IOWA: An action must be brought within two years from the date in which the occurrence of the injury took place.
This statute does not apply to minors. MAINE: An action must be brought within six years from the date in which the occurrence of the injury took place. If a product is in use for more than 10 years, then liability cannot be based on strict liability. The state has enacted a year statute of repose, which begins to run from the date in which a product is first sold. NEW HAMPSHIRE: An action must be brought within three years from the date in which the occurrence of the injury took place, except where a legal duty has been imposed by the government, in which case the action must be brought within six years.
The state has enacted a year statute of repose, which begins to run once the product is manufactured and sold. OHIO: An action must be brought within two years from the date in which the occurrence of the injury took place. The state has enacted an eight-year statute of repose. The state has enacted a six-year statute of repose, which begins to run after purchase. The state has enacted a statute of repose that runs six years after an injury and 10 years after the initial purchase of a product.
TEXAS: An action must be brought within two years from the date in which the occurrence of the injury took place. UTAH: An action must be brought within two years from the date in which the occurrence of the injury took place. Different rules have developed in products liability law for those who sell or repair used products. In most instances, a person who repairs, rebuilds, or reconditions a product is liable if the person is negligent in treating the product, but the person is not subject to strict liability for defects.
In some instances, however, a person who remanufactures a product may be subject to the same products liability rules as the original manufacturer. States are split regarding the bases of liability of sellers of used products. Some states expressly exclude sales of used products from products liability rules. In other states, the general products liability rules apply. Quite often both the new manufacturer and the original manufacturer are joined in the action as co defendants.
Few areas of the law have created as much myth as the area of products liability. Manufacturers point to large verdicts and high cost of product liability insurance and claim that the powerful products liability laws of the United States cause increase in cost and lack of competitiveness of local business.
At the same time, when polluted milk or dangerous vehicles appear in the market in other nations, it boosts the attractiveness of American products and few would purchase a vehicle made in China over a vehicle made in Germany precisely because the powerful laws that exist in Europe and the United States impose such liability upon defective or unsafe manufacturing.
Self policing does not have a good history in the world of business or medicine or law, for that matter so it may be assumed that governments will continue to allow citizens to seek relief in the courts for product liability. Both businesses and consumers must work within that world. A businessman represented by this writer, injured on an exercise machine he used, had mixed reactions when his products liability claim based on failure to warn adequately resulted in a sizable settlement.
He made his own living manufacturing parts and had often complained about the high cost of his insurance. I can use this to pay the insurance premiums…. Founded in , our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.
Home articles product liability basics. History of the Law: A plaintiff in a products liability case asserts that the manufacturer of a product should be liable for personal injury or property damage that results from a defect in a product or from false representations made by the manufacturer of the product.
Elements for Liability: A plaintiff may rely on one or more of several theories upon which to base his or her argument for recovery in a products liability case. Tort Theory of Negligence: The tort of negligence remains a central part of the law of products liability.
The Role of Warranty: See our article on Warranties. The Doctrine of Strict Liability: Strict liability imposes liability on a party even if no negligence is demonstrated. Product Defect in Manufacturing, Design and Warnings: In order to recover for harm caused by a product, a plaintiff in a products liability suit must prove that a product possessed some sort of defect or hazard.
Manufacturing Defect: A defect in manufacturing is one that the manufacturer did not intend. Warning Defects: The last type of defect focuses on the warnings that a manufacturer fails to give regarding the dangerousness of a product.
Usual Defenses: A defendant in a products liability suit may employ one of several defenses to liability. Used Products and Product Liability: Different rules have developed in products liability law for those who sell or repair used products.
Conclusion: Few areas of the law have created as much myth as the area of products liability. Article Categories. Business Law. Business Operations.
Contractual Law. Contracts and Torts. General Torts. Business Torts. Consumer Rights and Remedies. Business, Purchase and Credit Problems. In general, purely economic losses, which involve damage only to the product itself and associated business losses, such as lost profits, are not compensable injuries in product liability.
This material is provided for informational purposes only and does not provide any coverage or guarantee loss prevention. The examples in this material are provided as hypothetical and for illustration purposes only. By providing this information to you. The Hanover does not assume and specifically disclaims any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation s or advice contained in this material must be made by you.
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Introduction to product liability law. Tort law Torts are civil wrongs recognized by law as grounds for a lawsuit. Contract law Contract law is concerned with regulating agreements made between parties. State product liability statutes Product liability is a state matter. Federal law There is no federal product liability law, although federal laws may be relevant in product liability litigation.
Historical background The idea that manufacturers should be held responsible for damages or injuries suffered because of defects in their products is not a recent concept. Privity of contract An important concept in early product liability law was the doctrine of privity of contract. Common elements of PL claims There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under.
Definition of product For the law of products liability to apply, the claim must involve a product. Product defect A plaintiff must prove that a product is defective in order to recover damages against a product manufacturer or seller. Types of defects Most product defect claims fall into one of three categories: manufacturing defects, design defects, or communication defects.
Time of defect In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant.
Tests for defectiveness Courts use several different tests for proving whether a product is defective. Legal cause Legal cause evaluates whether the defendant should be held legally responsible as a matter of public policy. Parties In general, there are three categories of persons who may serve as plaintiffs in product liability actions.
Theories of liability There are four principal theories that underlie product liability lawsuits. They are: Negligence Breach of warranties Strict liability in tort Misrepresentation These theories are not mutually exclusive; a plaintiff can bring one or more in the same lawsuit. Negligence Negligence may be defined as conduct failing below the standard established by law for the protection of others against unreasonable risk of harm.
Breach of warranty Breach of warranty refers to the failure of a product seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of product. Express warranty An express warranty is an assertion of fact or a promise made about the quality, performance, construction, or durability of a product that induces a buyer to purchase it.
Implied warranties Implied warranties arise out of the sales trans- action by operation of law. Strict liability in tort The strict liability doctrine imposes liability on the seller of a defective product without requiring that the injured party prove fault. Misrepresentation Manufacturers and product sellers have a duty to provide true and accurate information about their products in their advertising and sales.
Defenses In a product liability lawsuit, product manufacturers or sellers being sued may defend themselves two basic ways. Types of defenses In general, product liability defenses can be grouped into statutory defenses, conduct defenses, and contract defenses. Statutory defenses State laws may provide defenses to product liability claims.
Contract defenses Manufacturers may incorporate defenses to product liability in their contracts. Availability of defenses The type of defenses that will be available will depend upon the location of the lawsuit and the facts of the case. Damages Damages are monetary compensation awarded by a court in a civil lawsuit to an individual Who has been injured by the wrongful conduct of another? They are the main remedy awarded in product liability lawsuits.
The following section summarizes the main types of damages. Punitive damages Punitive or exemplary damages are damages on an increased scale that are awarded to an injured party over and beyond the actual damages they incurred. Economic losses Damages in product liability cases are intended to address injuries to persons or property. Commerce Clearing House Inc. Product Liability Reporter. Owen, D. Products Liability Cases and Materials.
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