Elements In Determining Products Liability

Every year, numerous people are harmed by products that were improperly designed, manufactured or posed an unknown threat to the user. Restatement (Second) of Torts, Section 402A, allows recovery by a consumer or user, from a seller engaged in the business of selling the product, for physical harm caused by a defective good that is unreasonably dangerous. Some states have a variation of the Second Restatement of Torts, and may let someone recover for property damage caused by a defective product. Yet, there are a few different kinds of product liability lawsuits, and the actual elements needed to win a case vary according to the theory of recovery.

Defective Manufacturing

To obtain a successful outcome under this theory of recovery, the injured party must prove several things. The injured party must prove:

that a defect occurred during the manufacturing process;
the defect made the product unreasonably dangerous; and
the flawed product injured the plaintiff.

Defective Design

Typically, this theory involves showing that a product’s design caused the harm to the plaintiff. One way to think of such a theory is:

the product involved had a defective design;\
the defective design made the item unreasonably dangerous to the consumer; and
the defect injured the plaintiff.

However, some states use a “consumer expectations” test, wherein a product is considered unreasonably dangerous if it poses a risk unknown by the everyday consumer. Other courts will consider a risk/utility approach in which the court examines whether or not the product design was a fair balance of cost and safety, and the viability of other designs. The Third Restatement of Torts take the risk/utility approach, and adds the responsibility of proving that a reasonable alterative design existed and would have eliminated the defect.

Failure to Warn

The Restatement (Third) of Torts requires warnings for hazards that reasonably foreseeable consumers would have considered important in their purchasing decision. As such, the plaintiff must prove that

the product possessed an inherent risk;
that the warning of the risk was inadequate, and
the risk injured the plaintiff.

Of course, individual states can have their own special take on products liability. There may also be express or implied warranty issues that can be pursued (i.e. a climbing rope that breaks when weight is applied).

The Need for Legal Advice

The above descriptions should not be construed as official legal advice. Instead, if someone believes that they have been injured by a defective product, then they should immediately consult with an attorney in order to protect and vindicate their legal rights. Keep in mind, product liability cases often entail significant technical details, but a seasoned products liability lawyer will know how to acquire the necessary technical expertise, and to present such evidence at trial and in negotiation.

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