Product liability fall under torts. The tort of product liability can be defined as a manufacturer’s or seller’s liability for any damages or injuries suffered by a buyer, user, or bystander as a result of a defective product.
Products and services are becoming sophisticated, for instance, what used to pass for a mobile phone 10 years ago is not something that most consumers would currently go for. The same can be said about social media, computers etc.
The legal system is constantly working on how to keep pace as new liability questions reach courts regarding the changes in products created by most manufacturers.
Filling a product liability lawsuit
Ok fist of all you can access video lessons on product liability here.
Most of these lawsuits will depend on the rules specific to the states in which they are filled in, but there are general characteristics surrounding most of these lawsuits, one such is defect in a product.
Unlike general civil wrong cases which focus on the conduct of individuals or parties involved, product liability cases shift the focus, from the conduct of individuals between themselves, to the nature of the product and conduct surrounding the design, production and sale of that product.
After a product defect is established, there is still the question of establishing liability and the following three theories can be used:
- Negligence
- Breach of warranty
- Strict liability
Negligence
Negligence can be an act or an omission. The idea is to prove that the person (in this case the manufacturer of the defective product) did what a reasonable person would not do, or failed to do (omission) what a reasonable person would have otherwise done.
Of course, one has to go ahead and prove;
- The defendant owed the plaintiff a duty of care
- The duty of care was breached
- The breach resulted into an injury to the plaintiff (Causation)
- The plaintiff suffered actual damages as a result
The other two, breach of warranty and strict liability can be used to show liability in product liability as well… of which you can view here.
The development of these theories depends on 1) case laws, which is the precedent (basically a decision in a previously ruled case) set through court decisions and 2) statutes, which are the laws create by legislatures and are interpreted by courts
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