PRODUCTS LIABILITY LAW
Products liability refers to the liability of any or all parties
along the chain of manufacture of any product for damage caused
by that product. This includes the manufacturer of component parts
(at the top of the chain), an assembling manufacturer, the wholesaler,
and the retail store owner (at the bottom of the chain). Products
containing inherent defects that cause harm to a consumer of the
product, or someone to whom the product was loaned, given, etc.,
are the subjects of products liability suits. While products are
generally thought of as tangible personal property, products liability
has stretched that definition to include intangibles (gas), naturals
(pets), real estate (house), and writings (navigational charts).
Products liability claims can be based on negligence, strict liability,
or breach of warranty of fitness depending on the jurisdiction within
which the claim is based. Many states have enacted comprehensive
products liability statutes. These statutory provisions can be very
diverse such that the the United States Department of Commerce has
promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary
use by the states. There is no federal products liability law.
In any jurisdiction one must prove that the product is defective.
There are three types of product defects that incur liability in
manufacturers and suppliers: design defects, manufacturing defects,
and defects in marketing. Design defects are inherent; they exist
before the product is manufactured. While the item might serve its
purpose well, it can be unreasonably dangerous to use due to a design
flaw. On the other hand, manufacturing defects occur during the
construction or production of the item. Only a few out of many products
of the same type are flawed in this case. Defects in marketing deal
with improper instructions and failures to warn consumers of latent
dangers in the product.
Products Liability is generally considered a strict liability offense.
Strict liability wrongs do not depend on the degree of carefulness
by the defendant. Translated to products liability terms, a defendant
is liable when it is shown that the product is defective. It is
irrelevant whether the manufacturer or supplier exercised great
care; if there is a defect in the product that causes harm, he or
she will be liable for it.
The law of products liability is found mainly in common law (state
judge-made law) and in the Uniform Commercial Code. Article 2 of
the UCC deals with the sales of goods and it has been adopted by
most states. In it, the most important products liability sections
are the implied and express warranties of merchantibility in the
sales of goods §§ 2-314 and 2-315. Products liability
is derived mainly from Torts law.
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