Product Liability Articles

Strict Liability

If the gas tank of your car explodes causing injuries, you may be able to recover damages. Products liability is an area of law covering personal injuries and damages caused by defective products. A defective product is a product that causes injury or harm because of a flaw in the product. Sometimes the design of a product makes it dangerous. A defect can also result from a mistake in the manufacturing process or a failure to warn of the product's dangers. A manufacturer has a duty to sell safe products to consumers. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers strict liability for defective products.

Defectively Designed Products

When a defect is inherent within the design of the product, a product is considered defectively designed. The design makes the product dangerous when used as intended or when misused in a way the manufacturer could have anticipated.

Defectively Manufactured Products

A product is defectively manufactured when it fails to comply with design standards. Manufacturing defects include missing parts, inferior materials and improper construction.

Products that Fail to Warn

If the manufacturer fails to provide adequate warnings or directions, the product may be considered defective. The manufacturer has a duty to warn of any known or reasonably knowable danger but is not required to warn of obvious product dangers.

Strict Liability

Many states have products liability laws that hold a manufacturer strictly liable if a defective product causes an injury when a consumer uses the product normally and properly. Strict liability means liability without any fault on the part of the manufacturer. A consumer is entitled to recover damages from the manufacturer no matter how careful the manufacturer was in designing and manufacturing the product if the consumer shows: (1) the product was defective; (2) the injury was caused by the defect; and (3) the product has not been substantially altered from its original condition. It is a defense to a strict liability claim if you knew the product was defective but continued to use it.

Consult an Attorney

If you have been injured by a defective product, it is important to consult promptly with an attorney. There is no federal products liability law, but many states have notice requirements that must be met before a consumer can file a products liability suit against a manufacturer. Statutes of limitation also provide a limited time period during which a lawsuit has to be filed. For example, in New Jersey an adult has two years from the date of the injury or damage to property to file a products liability lawsuit.

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