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.

There are three types of products liability cases: strict liability, negligence, and breach of warranty (which can be understood as a type of negligence). Each one reflects a different theory upon which a person injured by a product can recover. Developed by judges and part of the common law of states, the specific rules of each state vary, although many states have adopted the Model Uniform Products Liability Act. Both compensatory damages (monetary damages to compensate the plaintiff for harm caused by a defective product) and punitive damages (monetary damages to punish and deter conduct of the defendant) are available in products liability cases.

Strict Liability

Most products liability cases fall under strict liability. Strict liability is a legal principle that was developed by the California Supreme Court in the landmark decision, Greenman v. Yuba Power Products , Inc., 59 Cal.2d 57 (1963). Strict liability allows for a plaintiff to recover from an injury caused by a product without having to prove any misconduct of the defendant. A plaintiff need only prove injury by a defective product manufactured or sold by the defendant.

Some states no longer allow for strict liability. Currently, there is no comprehensive federal law on products liability; however, opponents to strict liability seek to eliminate strict liability through federal reform.

Negligence

It is much more difficult for a plaintiff to recover under a theory of negligence than strict liability. To do so, the plaintiff must establish the following: 1) that there was a relationship between the manufacturer and the plaintiff (specifically, that the manufacturer owed the plaintiff a duty of care, 2) a breach of the duty of care, 3) causing injury to the plaintiff.

In some circumstances, where negligence is otherwise particularly difficult to prove, courts apply a standard called negligence per se , or res ipsa loquitur . Negligence per se allows a plaintiff to establish the defendant's negligence by proving the defendant violated a relevant law. Res ipsa loquitur (meaning "the thing speaks for itself") allows a court to infer that the defendant was negligent due to certain circumstances, such as facts showing the injury can only be explained by the defendant's negligence.

Breach of Warranty

Breach of warranty is essentially a negligent failure by the defendant to warn the plaintiff of the dangers of the product. There are three types of a breach of warranty: 1) breach of the manufacturer or seller's express warranty, 2) breach of an implied warranty (provided that the product was not labeled with an "as is" or "with faults" disclaimer), and 3) breach of warranty of fitness of a product for a particular use (meaning, the defendant knew of the intended use by the buyer, who relied on the superior knowledge of the product by the defendant, who represented the product could be safely used in the manner intended by the buyer).

Hide Extended

Featured Cases

In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation
New York Southern District Court
Prop. Damage Prod. Liability
Filed: March 10, 2000

Last Docket Filed: January 27, 2010
(January 26, 2010)
Depositors Insurance Company v. Hamilton Beach/Proctor-Silex, Inc.
Illinois Southern District Court
Prop. Damage Prod. Liability
Filed: February 22, 2008
Plaintiff: Depositors Insurance Company; Defendant: Hamilton Beach/Proctor-Silex, Inc.
Last Docket Filed: January 22, 2010
(January 21, 2010)
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
(November 8, 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
(September 30, 2007)

More Featured Cases

Legislation

Bill Enacted: H.R.1377 To amend title 38, United States Code, to expand veteran eligibility for ...
To amend title 38, United States Code, to expand veteran eligibility for reimbursement by the Secretary of Veterans Affairs for emergency treatment furnished in a non-Department facility, and for other purposes.
February 03, 2010: Became Public Law No: 111-137.
(February 1, 2010)
Bill Introduced: H.R.4530 Student Nondiscrimination Act of 2010
To end discrimination based on actual or perceived sexual orientation or gender identity in public schools, and for other purposes.
(January 25, 2010)
Bill Introduced: S.2870 Antigua Convention Implementing Act of 2009
A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
(December 8, 2009)
Bill Signed by President: H.R.2996 Department of the Interior, Environment, and Related ...
Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2010, and for other purposes.
October 30, 2009: Signed by President.
(October 28, 2009)
Bill Signed by President: H.R.2647 National Defense Authorization Act for Fiscal Year 2010
The title was amended in conference to read as follows: "to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2010, and for other purposes".
October 28, 2009: Signed by President.
(October 26, 2009)

More Legislation

Regulations

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]
View Document | Download PDF
(February 7, 2010)
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]
View Document | Download PDF
(February 4, 2010)
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]
View Document | Download PDF
(February 2, 2010)
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]
View Document | Download PDF
(February 1, 2010)
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]
View Document | Download PDF
(February 1, 2010)

More Regulations

Articles

OâConnell Early Settlement Offers: Toward Realistic Numbers and Two-Sided Offers
Journal of Empirical Legal Studies, Vol. 7, 2010, Northwestern Law & Econ Research Paper No. 09-41, University of Illinois, Law and Economics Research Paper No. LE09-029, U of Texas Law, Law and Econ Research Paper No. 171 Bernard S. Black , David A. Hyman and Charles Silver Northwestern University - School of Law , University of Illinois - College of Law and University of Texas at Austin - School of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq
Hannibal Travis Florida International University College of Law Date Posted: February 9, 2010 Last Revised: February 9, 2010
(February 8, 2010)
Procedural Adequacy
Texas Law Review See Also, Forthcoming, FSU College of Law, Public Law Research Elizabeth Chamblee Burch Florida State University - College of Law Date Posted: January 31, 2010 Last Revised: February 8, 2010
(February 7, 2010)
Open and Proprietary Biological Innovation in Human Genetic Enhancement
Washington University Journal of Law and Policy, Vol. 30, pp. 93-138, 2009 Andrew W. Torrance University of Kansas - School of Law Date Posted: February 6, 2010 Last Revised: February 6, 2010
(February 5, 2010)
Neurobiology and Patenting Thought
IDEA: The Journal of Law and Technology, Vol. 50, pp. 27-48, 2009 Andrew W. Torrance University of Kansas - School of Law Date Posted: February 5, 2010 Last Revised: February 5, 2010
(February 4, 2010)

News

More News