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Products Liability

Overview

Products liability describes the tort liability faced by a manufacturer or seller of a product that injures a buyer or user of the product. Liability can occur at any point along the chain of production and distribution, meaning the manufacturer, wholesaler and retailer can all be held accountable for injury caused by a product. Even intangible products, such as gas, real estate, pets, charts and graphs can be subjects of a products liability case. Products liability can even occur where the product was misused, provided the misuse was foreseeable.

The injury-causing defect of a product can occur before (design defect), during (manufacturing defect) or after the manufacturing process (marketing defect). A design defect is a flaw in the product's design which makes the product inherently dangerous. A manufacturing defect occurs where a problem with the manufacturing process causes the product to be defective. Finally, a marketing defect can occur if the product lacks appropriate instructions or warnings.

Featured CasesSubscribe

  • FELLNER v. TRI-UNION SEAFOODS, L.L.C.

    Plaintiff Deborah Fellner alleged that Defendant Tri-Union Seafoods, L.L.C. d/b/a Chicken of the Sea violated the New Jersey Products Liability Act, the New Jersey Consumer Fraud Act and common law fraud for failing to warn the public that consumer of Defendant's tuna, purportedly containing methylmercury, could result in mercury poisoning.
    New Jersey District Court
    Plaintiff
    Filed: February 15, 2006
    Plaintiff: DEBORAH FELLNER; Defendant: TRI-UNION SEAFOODS, L.L.C.
    Last Docket Filed: November 9, 2009
  • CUPAIUOLO v. MATTEL, INCORPORATED et al

    Pennsylvania Eastern District Court
    Personal Inj. Prod. Liability
    Filed: August 17, 2007
    Plaintiff: ANTHONY CUPAIUOLO; Defendant: MATTEL, INCORPORATED, FISHER PRICE BRANDS, DYNACRAFT BSC, INCORPORATED, WAL-MART STORES, INC., WAL-MART STORES, INCORPORATED
    Last Docket Filed: October 1, 2007

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RegulationsSubscribe

  • Rule - Federal Motor Vehicle Safety Standards: Occupant Crash Protection

    National Highway Traffic Safety Administration
    Rule
    Federal Motor Vehicle Safety Standards:
    Occupant Crash Protection
    ,
    6123-6129 [2010-2610]
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA-2009-0156] RIN 2127-AK57 Federal Motor Vehicle Safety Standards; Occupant Crash Protection AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule; response to petitions for reconsideration. SUMMARY: This document provides the agency's response to petitions for reconsideration of a November 12, 2008 final rule that amended... [read document]
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  • Proposed Rule - Anthropomorphic Test Devices: Hybrid III Test Dummy, ES-2re Side Impact Crash ...

    National Highway Traffic Safety Administration
    Proposed Rule
    Anthropomorphic Test Devices:
    Hybrid III Test Dummy, ES-2re Side Impact Crash Test Dummy
    ,
    5931-5939 [2010-2308]
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 572 [Docket No. NHTSA-2009-0194] RIN 2127-AK64 Anthropomorphic Test Devices; Hybrid III Test Dummy, ES-2re Side Impact Crash Test Dummy AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This document proposes corrections or minor changes to some of the drawings incorporated by reference by a final rule,... [read document]
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  • Proposed Rule - Federal Motor Vehicle Safety Standards: Motor Vehicle Brake Fluids

    National Highway Traffic Safety Administration
    Proposed Rule
    Federal Motor Vehicle Safety Standards:
    Motor Vehicle Brake Fluids
    ,
    5553-5560 [2010-1958]
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA-2010-0012 RIN 2127-AK58 Federal Motor Vehicle Safety Standards; Motor Vehicle Brake Fluids AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This NPRM proposes to amend FMVSS No. 116, Motor Vehicle Brake Fluids, so that brake fluids would be tested with ethylene, propylene, and diene... [read document]
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  • Rule - Civil Penalties

    National Highway Traffic Safety Administration
    Rule
    Civil Penalties
    ,
    5244-5248 [2010-1957]
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 578 [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule. SUMMARY: This document increases the maximum civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper standards, consumer information requirements, odometer tampering and disclosure requirements, and... [read document]
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  • Rule - Requirements and Procedures for Consumer Assistance to Recycle and Save Program

    National Highway Traffic Safety Administration
    Rule
    Requirements and Procedures for Consumer Assistance to Recycle and Save Program
    ,
    5248-5251 [2010-2194]
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 599 [Docket No. NHTSA-2009-0120; Notice 2] RIN 2127-AK67 Requirements and Procedures for Consumer Assistance To Recycle and Save Program AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: This final rule amends the regulations implementing the Consumer Assistance to Recycle and Save (CARS) program, published on July 29, 2009 in the... [read document]
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