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Product Liability Law - Defective Products Law
There are four legal theory categories by which a plaintiff may base his/her damage recovery for a product liability claim:
- Breach of Express or Implied Warranty (controlled by contract law) – an express warranty is one that is actually stated, either orally or in writing. This warranty can be expressed in the packaging or labeling of the product; on the instructions enclosed with the product; on marketing material for the product and/or in any advertising for the product. When a product’s defect violates information presented in the warranty, the damaged party may be able to pursue a defective product claim. An implied warranty is one that law applies automatically to a product, whether the retailer or manufacturer states it expressly or not. These laws are usually categorized in one of two ways: implied warranty of merchantability, which guarantees that the product is realistically suitable for the purpose for which it is sold and is reasonably safe; or implied warranty of fitness for a particular purpose, which deals more explicitly with a specific function of a product and the buyer’s reliance on the seller’s expertise in offering or suggesting the specific product to fulfill that purpose.
- Negligence – the party responsible for the defect failed to exercise ordinary reasonable care and this resulted in the defect which caused harm, injury or some other type of damage. Additionally, there must be duty of care in existence and the plaintiff must be able to exhibit that the alleged responsible party owed him/her this duty. Generally, a manufacturer has a requirement to produce goods free from defective and unreasonably dangerous conditions.
- Strict Tort Liability – In general tort law, it is necessary to prove negligence in order to maintain a cause of action; however, with strict liability the plaintiff only need show that the product is defective and that the injury or harm he/she suffered was caused by this defect, and proof of negligence is not necessary.
- Intentional Misrepresentation or Fraud – the retailer or manufacturer was aware of a dangerous defect in the product, but concealed this information or marketed the product in a deliberately misleading manner.
A defective product is a product that causes harm, injury or some type of loss due to a flaw, error or weakness in the product, its marketing or use. There are three types of defects for Product Liability Claims:
- Design Defects – present before the product is made, when the defect is part of the design of the product; it was manufactured properly, but the design itself is faulty.
- Manufacturing Error/Defects –when the product does not conform to design specifications or performance standards or it differs in some fundamental way from other units from the same product line. These defects occur during the construction or manufacturing phase and can result from loose, warped or missing parts; sloppy or improper assembly; or the use of substandard or defective materials.
- Failure to Warn (also referred to as defective marketing claims) – the manufacturer did not provide adequate warnings, instructions or product labels with respect to a real or potential hazard or danger, which resulted in injury.
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Product Liability Law - US
- ABA - Product Liability Law Committee
We are an open, friendly and diverse Committee, combining lawyers of all ages and backgrounds, who come from around the country and work in different practice settings. We are not so large that you will feel lost in the crowd; and large enough with enthusiasm to spare to mount significant CLE programs and other member benefits.
- Global Liability Issues
As the twenty-first century unfolds and commerce becomes more and more globalized, there is a need to harmonize the law of products liability across nations. So far, unfortunately, efforts at harmonization have too often been in the direction of reproducing the costly features of United States tort doctrines—doctrines that have imposed spiraling costs on American manufacturers.
- Products Liability Law and Cases
This website was created to help lawyers investigate potential automobile defect cases and other product liability claims. Using this website as a resource should help you make an initial determination about whether there is a product liability case.
- Restatement of Torts - Product Liability Law
In 1997, the American Law Institute ("ALI") adopted the Restatement (Third) of Torts: Products Liability ("Restatement (Third)"). (3) After over thirty years as the definitive, yet somewhat confusing road map along the products liability highway, the Restatement (Second) of Torts ("Restatement (Second)") was turned on its head. Before new case law involving the Restatement (Third) has been given a chance to develop, commentators have risen either to praise the Restatement (Third) as a clear guide to the chaotic products liability maze, (4) or to reject it as a pro-defense, industry-favoring curtailment of manufacturer liability.
Product Liability Law - Europe
- Overview of Product Liability Law - UK
There are instances when some products may be faulty or defected and as a result they cause serious personal injury to consumers. This is why there is a need for a stringent product liability law to be in place.
- Risk Assessment and Product Liability in the European Union
The legal concept of product liability is the same in the European Union as it is in the United States, although the scale of award in the United States is considerably higher.
Product Liability Law - International
- ALFA Product Liability Practice Group
The ALFA Product Liability Practice Group (the “Group”) is one of the most active of the ALFA International Practice Groups. Membership in this Group includes 175 lawyers from 80 member firms. This network of product liability lawyers is well-suited for clients whose products are distributed and used nationwide or worldwide
- Convention of 2 October 1973 on the Law Applicable to Products Liability
This Convention shall determine the law applicable to the liability of the manufacturers and other persons specified in Article 3 for damage caused by a product, including damage in consequence of a misdescription of the product or of a failure to give adequate notice of its qualities, its characteristics or its method of use. Where the property in, or the right to use, the product was transferred to the person suffering damage by the person claimed to be liable, the Convention shall not apply to their liability inter se. This Convention shall apply irrespective of the nature of the proceedings.
Organizations Related to Product Liability Law
- American National Standards Institute
As the voice of the U.S. standards and conformity assessment system, the American National Standards Institute (ANSI) empowers its members and constituents to strengthen the U.S. marketplace position in the global economy while helping to assure the safety and health of consumers and the protection of the environment.
- International Organization for Standardization
ISO is a non-governmental organization that forms a bridge between the public and private sectors. On the one hand, many of its member institutes are part of the governmental structure of their countries, or are mandated by their government. On the other hand, other members have their roots uniquely in the private sector, having been set up by national partnerships of industry associations.
- US Consumer Product Safety Commission
The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.
Publications Related to Product Liability Law
- ABA - Product Liability Law News
Latest news on Product Liability law presented by the ABA.
- Law 360 - Product Liability Law
Law 360 covers: * Every major litigation development in the U.S. federal district courts * Every major lawsuit filed against the world’s 2,000 top companies * Every major opinion handed down in the U.S. federal courts * Every major development in class actions and multidistrict litigation * Every major transaction involving the top 250 U.S. law firms * Every major hire at the top 800 U.S. law firms * Every major initiative by state, federal and international legislatures.
- LJN's Product Liability Law and Strategy Journal
Law Journal Newsletters, a division of ALM, publishes 21 best-selling newsletters aimed at the diverse needs of attorneys in every field of endeavor, from Medical Malpractice to Legal Tech to Internet Law & Strategy to Commercial Leasing — and more. Located in Philadelphia, this division draws on decades of experience in publishing and the law. Edited by lawyers, for lawyers, each newsletter features articles written by the top experts in their respective fields. A professional staff of attorneys and seasoned editors makes sure that the latest cases, precedents and rulings are analyzed and presented to our readers in a timely and easy-to-read manner.
- Product Liability Publications - Institute for Civil Justice
The ICJ has continued its efforts to understand the tangible economic effects of product liability suits by studying effects on product sales, stock prices, and media coverage in the automobile industry. This research has revealed that, although product liability verdicts generate substantial press coverage, particularly when juries award punitive damages, verdicts do not typically dampen sales.
- Products Liability Prof Blog
The law professors blog on products liability. Features legislation, news, cases and topics related to product liability issues.
- Short History of Product Liability Law
The topic of product liability law arises so often in the media today that some brief explanation of its scope, origins, and impact might prove useful. This short essay is intended to be a primer for those who appreciate the importance of the topic, but would like some guidance on how to think about it more rigorously.
Articles on HG.org Related to Product Liability Law
- Auto Defect Cases in Personal Injury LawPer the National Highway Traffic Safety Administration (NHTSA), any automotive part that “poses a risk to motor vehicle safety” can be viewed as defective. The manufacturers of defective products which result in the injury or death of consumers who use them as directed can be held legally accountable under strict liability laws.
- Rights in the Case of Defects in the Law of Sale - GermanyIf the condition of the item purchased deviates not insignificantly from its specified condition, then the purchaser can assert extensive rights.
- Known to Fail but Implanted Anyway: DePuy ASR Hip ReplacementsJohnson & Johnson announced in January 2013 that it had set aside close to $1 billion, in addition to the $3 billion set aside in 2011, to compensate those who received a defective metal-on-metal hip implant from the company.
- Warranty for Defects in the Law of Sale - GermanyDespite many attempts to provide a remedy, the purchaser potentially does not have to accept a defect in a new car that is irreparable.
- My Transvaginal Mesh Is Defective. Now What?The medical devices were meant to fix pelvic organ prolapse and stress urinary incontinence, but many women found they were the victims of untested devices that caused greater pain and serious complications.
- No Rescission of a Purchase Agreement in the Absence of Defects - GermanyIf the buyer of a defective second-hand passenger vehicle has the defect removed himself and only then declares that the purchase agreement is rescinded, he is not entitled to claim rescission.
- Tire Age and SafetyMost tire manufacturers suggest replacing your tires within 6 years after the tire was made. Studies show tire age causes of many tire failures, occurring more prominently in warmer climates.
- Defective Product Liability Stemming from Failure to Pull Product from ShelvesDefective product liability stemming from failure to pull product from shelves may require the services of personal injury lawyers in Clarksburg.
- Choosing the Right Personal Injury AttorneyBeing the victim of a personal injury is an unfortunate position to be in. However, the injury and the damages should be remedied and compensated. In order for the injured to ensure that the maximum compensation is received, it is important to select the right personal injury attorney.
- How the Consumer Product Safety Commission Keeps Us SafeThe CPSC is an independent federal regulatory agency whose mission is to keep American consumers safe. The agency issues standards for products and safety recalls for products demonstrated to create risks to users and consumers.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
