Products Liability in United States

Products Liability

That field of law which addresses defective products. A defective product gives rise to a presumption of negligence and the plaintiff may have a cause of action against the producer as well as against the seller and possibly even against intermediaries in the chain of commerce. The presumption is irrebutable. Thus product liability is in fact a form of per se liability. All other elements of a prima facie tort must be proven to prove a claim of strict product liability, and the defendant can avail themselves of the usual defenses.

It is clear that a defectively manufactured product will give rise to a claim in products liability. It is less clear, though often admitted, that a defectively designed product will also give rise to such strict liability.

Cobbins v. General Acc. Fire & Life Assur. Corp., 3 Ill.App.3d 379, 279 N.E.2d 443.

Introduction

As products became increasingly sophisticated and potentially dangerous in the twentieth century, and as the separation between production and consumption widened, products liability became a very important issue for both consumers and manufacturers. Millions of people every year are adversely affected by defective products, and manufacturers and sellers pay huge amounts for products-liability insurance and damages. The law has responded with causes of action that provide a means for recovery for products-liability damages. (1)

Debate and Theories

Although the debate has been heated and at times simplistic, the problem of products liability is complex and most of us regard it with a high degree of ambivalence. We are all consumers, after all, who profit greatly from living in an industrial society. In this section, we examine the legal theories that underlie products-liability cases that developed rapidly in the twentieth century to address the problems of product-caused damages and injuries in an industrial society.

In the typical products-liability case, three legal theories are asserted—a contract theory and two tort theories. The contract theory is warranty, governed by the UCC, and the two tort theories are negligence and strict products liability, governed by the common law. (2)

Major Products Liability Theories include:

• Warranties: Express Warranties and Implied Warranties (including Merchantability and Fitness for a Particular Purpose)
• Tort: Negligence and strict products liability,

Resources

Notes

1. “Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.
2. Id.

See Also

• Strict liability
• Mass torts
• Class action
• Toxic torts.

Most Popular Entries related to Products Liability

• Products Liability (in the United States)
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Products Liability—The “Sophisticated User” Defense

This section discusses generally the subject of Products Liability—The “Sophisticated User” Defense, how to determine the facts essential to Products Liability—The “Sophisticated User” Defense, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Products Liability (Maritime Tort Actions)

This section introduces, discusses and describes the basics of products liability. Then, cross references and a brief overview about Maritime Tort Actions is provided. Finally, the subject of Personal Injuries in relation with products liability is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.