Products Liability Law

The goal of product liability law is to protect consumers from the dangers of defective products and to hold responsible the manufacturers, distributors and retailers whose responsibility it is for knowing the products they represent. Product liability can result from design defects, manufacturing defects or marketing defects. Each one with a different party held liable for the liability. Design defects are flaws to the actual design of the product such that when used as intended it is dangerous or when used in any reasonably foreseeable purpose. Manufacturing defects occur during the manufacturing of the process. These defects can occur despite having a design that should be defect free. In the case of manufacturing defects, the manufacturer would be held responsible for the injury or illness caused by the product. Marketing defects are one very common defect seen in product liability law. Marketing defects occur when the product is not properly labeled as to safety precautions or inadequate warning labels. States have varying liability statues that govern the litigation of injuries caused by products with defects. In the case of pharmaceuticals, most states defer to the FDS's review.

Fast Facts

  • In 2005, Dell recalled 22,000 computer batteries due to overheating and posing a fire risk;
  • In 2000, Firestone/Bridgestone initiated one of the largest recalls in history; millions of tires were recalled due to fatal accidents involving SUVs and their tires.
  • In 2001 there were approximately 255,000 injuries reported due to defective toys.

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