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Strict Product Liability

Strict Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

  • If you are considering filing a Product Liability Injury Claim, Submit your Case for a Free Review from a Product Liability Injury Lawyer in your area. This website is for informational purposes only, and nothing stated here should be taken as legal advice.

In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:

  • Design defects - They are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.
  • Manufacturing defects - Occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case.
  • Defects in marketing - Deal with improper instructions and failures to warn consumers of latent dangers in the product.

Product Liability Claims

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law. Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

Product Liability Laws

The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantability in the sales of goods. Products liability is derived mainly from Torts. An experienced attorney can guide you through this complicated process and help you receive the compensation you deserve.

Contact our local product liability attorneys can help you with your case and any strict product liability law questions you may have.

Content Related to Topic


If for any reason you suspect an injury has been caused by a defective product, you do not need to suffer financially and or mentally anymore, contact a personal injury attorney in your area now. Gain the advice for your personal injury case.

  • If you are considering filing a Product Liability Injury Claim, Submit your Case for a Free Review from a Product Liability Injury Lawyer in your area. This website is for informational purposes only, and nothing stated here should be taken as legal advice.
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  • Consumer Protection Law Overview
    An overview of consumer protection law that have helped to make the consumer more comfortable in making product buying decisions.

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Did You Know?

Personal Injury Settlement May Vary

The amount of a personal injury settlement can vary according to state laws and type of case. All matters involving a personal injury settlement should be discussed with a experienced lawyer. If you think you are entitled to a settlement, then contact - Personal Injury Lawyers

The term bodily injury claim usually refers to a personal injury claim. Economic Damages would include, but aren't limited to lost wages, medical bills, rental car expenses, etc.

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