Defective Product

Defective Product in United States

Defective Product 

Where a product is defective the products manufacturer can be implicated in tort on a theory of strict liability.

A product is in a defective condition, i.e. is unreasonably dangerous to the user, when it has a propensity or tendency for causing physical harm beyond that which would be contemplated by the ordinary user.

A defective condition is a legal cause of injury if it directly produces the injury. A defective condition may be a legal cause of damage even though it operates in combination with the act of another, or some other natural cause.

Thus, in cases involving defective or unreasonably dangerous products the manufacturer may be liable even though it exercised all reasonable care in the design, manufacture and sale of the product in question.

Manufacturers are not on always liable for accidents resulting from misuse of their products. The manufacturer is not an insurer. The mere possibility that injury result from the use of a prodcut is insufficient to impute liability to a manufacturer. (Moomey v. Massey Ferguson, Inc., C.A.N.M., 429 F.2d 1184. 1184.) here is no duty upon the manufacturer to produce a product that is ‘accident-proof.’ However the manufacturer is required to make a product free of defective and unreasonably dangerous conditions.

See: Manieri v. Volkswagenwerk, A.G., 151 N.J.Super. 422, 376 A.2d 1317, 1322.

Cause of Action to Obtain Indemnity from Manufacturer or Supplier for Injury or Loss Caused by Defective Product: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action to Obtain Indemnity from Manufacturer or Supplier for Injury or Loss Caused by Defective Product, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.


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