Product Liability Lawsuits

By Joseph Devine -

Product liability lawsuits typically arise out of a manufacturer or vendor’s responsibility to compensate customers for injuries that have been caused by defective merchandise that has been sold. Individuals who have been harmed by an unsafe product frequently have a cause of action against the person who designed, manufactured, sold, or distributed the product.

In the United States, a number of consumers have hailed the astronomical increase in the amount of product liability litigation as an effective tool for consumer protection. The law, as a result, has changed from caveat emptor (let the buyer beware) to strict liability for any manufacturing defects that make a product unreasonably dangerous.

While consumer advocates feel that product liability lawsuits are excellent for protecting consumers, manufacturers and others who distribute and sell products are of the opinion that product liability lawsuits have added to the cost of goods sold. Businesses, as a result, have sought tort reform from state legislators and Congress in an effort to reduce the damage awards.

In the majority of jurisdictions, the cause of action a plaintiff can use can be from one of four different theories: negligence, breach of warranty, misrepresentation, and strict tort liability.

Negligence is the failure to exercise proper or ordinary care as a reasonable person would. It means that a person who had a legal obligation to act in some way either omitted the act that should have been performed or acted in a way that he or she should not have.

Manufacturers can be held liable for negligence if the plaintiff can prove a lack of reasonable care in the production, design, or assembly of the harmful product. As an example, a manufacturing company can be found to be negligent if the employees did not perform their jobs correctly or if management approved improper procedures. These are particularly dangerous actions when they result in an unsafe product.

Breach of warranty is when a seller fails to fulfill the terms of a promise, claim, or representation made in regards to the quality or type of product used. The law makes the assumption that a seller gives some sort of warranty on goods sold and that he or she must stand behind the assertions.

Misrepresentation is something that relates more to the advertising and sales promotion of a product. It refers to the process of giving consumers false security about the safety of a particular product. This is usually done by drawing attention away from the hazards of its use.

Strict liability hinges on extending the responsibility of the vender or manufacturer to all individuals who might be injured by the product, even in the absence of fault. Injured guests, bystanders, or others who have no direct relationship to a product may sue for damages caused by the product. The injured party must prove that the product was defective, the defect proximately caused the injury, and the defect made the product excessively dangerous.

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Joseph Devine

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