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Product Liability
Product liability is the area of law which deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from dangerous and defective products. Products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, or even commercial jets. At common law the sale of a product was viewed as a commercial transaction upon which only the parties to the commercial contract could sue. The law has evolved to the point where today virtually anyone injured by a “defective” product (defined as a product which is unreasonably dangerous for its intended use; see below) can bring an action for damages against any party in the distributive chain of the product, whether it be the manufacturer, the wholesaler, the retailer or even the maker of a component part.
Generally, there are three categories of “Products Liability” cases: Manufacturing Defects, Design Defects and Failure to Warn Cases.
"Manufacturing Defect" cases involve products that come out off the assembly line with some defect that makes them different and more dangerous than all the other similar products that came out of the same assembly line. This is the “one in a million” defect where the product that injured the victim is different from all the rest.
A "Design Defect" Case involves a product which is in itself defective. The defect is not limited to one defective product (as is a Manufacturing Defect Case), but every item that comes out of plant has the same defect that makes it dangerous. This type of case is sometimes refered to as the “less dangerous alternative design case” because a victim is sometimes required to show that there was a similar safer design which would have been made economically.
The third type of case is the “Failure to Warn” cases. Here the warning on the product is either non-existent, defective or inadequate. It is interesting to note here that depending on the state, the plaintiff’s conduct in using the product may taken into consideration.
Traditionally, in product liability cases, the theory of recovery has been predicated on several different approaches including negligence, breach of warranty and strict liability.
The Restatement 402(A) 2d of Torts all may come into play in product liability cases. Oversimplified 402(A) states anyone who sells any product in a defective condition unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby cause to the ultimate user or consumer, or to his property, if: (a) the seller is engaged in the business of selling such a product and (b) it is expected and does reach the user or consumer without substantial change in the condition in which it is sold. The provision of 402(A) applies even if (a) the seller has exercised all possible care in the preparation and sale of the product and (b) the user or consumer has not bought the product from or entered into any contractual obligation with the seller.
In an effort to assist with the protection of the America consumer and to ensure the highest quality in all forms of goods, to provide better service in alerting the American people to unsafe, hazardous or defective products, six federal agencies with vastly different jurisdictions have joined together to create www.recalls.gov. These organizations work together to provide quick and comprehensive recalls, trying to limit the damage that defective products can have on consumers. The organizations that now work together are as follows:
- U.S. Consumer Product Safety Commission (CPSC)- regulates all consumer products including furniture, children's toys, appliances and other house hold goods.
- National Highway Traffic Safety Administration (NHTSA)- regulates motor vehicle equipment, child safety seats for automobiles and all forms of automotive tires.
- U.S. Coast Guard (USCG)- regulates recreational water boats, boat manufactures and any other boating safety issue.
- Food and Drug Administration (FDA)- regulates food, animal feed, prescription drugs, vaccines, medical devices and most other biological products.
- U.S. Department of Agriculture (USDA)- works in conjunction with the FDA to regulate food quality, but mainly focuses on the quality of meat, eggs and all poultry products.
- Environmental Protection Agency (EPA)-regulates pesticide use, rodenticide, fungicides and conducts vehicle emissions testing to ensure that the consumer is safe.
Despite these organizations best efforts, many products still harm consumers and have to be recalled. If you or someone you has been injured as a result of a defective product you may be entitled to monetary compensation and you have the right to file a product liability action. Please click on the link provided below for a free evaluation of your claim by an experienced attorney.
>>CLICK HERE FOR A FREE PRODUCT LIABILITY CASE EVALUATION
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