Products liability, also referred to as manufacturer’s liability, occurs when a company that produces or sells a product can be held accountable if someone is injured or their property is harmed due to a defect or danger in the product. The company may be subject to a lawsuit for compensation to the affected individual or property owner in order to compensate for the harm caused.
Manufacturer’s liability, also referred to as product liability, is the legal obligation of a manufacturer or seller to compensate for any harm or injuries caused by a faulty product. This responsibility extends to injuries suffered by the buyer, user, or even bystanders. Product liability can be established through negligence, strict liability, or breach of warranty. Strict product liability is proven when the buyer demonstrates that the goods were unreasonably dangerous, the seller was engaged in the business of selling goods, the goods were defective when in the seller’s possession, the defect caused the plaintiff’s injury, and the product reached the consumer without significant alteration. For instance, if a person purchases a car and experiences an accident and injury due to brake failure, the manufacturer may be held accountable for the resulting damages. Similarly, if someone sustains injuries while using a defective power tool, the manufacturer may be held responsible for the harm caused.
Manufacturer’s liability refers to the legal responsibility of a manufacturer for any harm or injury caused by a defective product they have produced.
There are three main types of defects that can lead to manufacturer’s liability: design defects, manufacturing defects, and marketing defects (such as inadequate warnings or instructions).
A design defect occurs when a product’s design is inherently dangerous or flawed, making it unreasonably unsafe for its intended use.
A manufacturing defect occurs when a product is not made according to its intended design, resulting in a defect that makes it unsafe for use.
A marketing defect occurs when a product lacks proper warnings, instructions, or labels, which can lead to injury or harm to the consumer.
To establish manufacturer’s liability, the injured party must prove that the product was defective, the defect caused their injury, and they were using the product as intended or in a reasonably foreseeable manner.
Yes, a manufacturer can still be held liable for injuries caused by their product even if the consumer misused it, as long as the misuse was reasonably foreseeable.
In general, a manufacturer may not be held liable for injuries caused by a product that has been altered or modified by the consumer, as long as the alteration or modification was the cause of the defect or injury.
Yes, a manufacturer can still be held liable for injuries caused by a product that is no longer under warranty, as long as the defect existed at the time of sale and caused the injury.
In a manufacturer’s liability case, the injured party may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and other related losses resulting from the injury caused by the defective product.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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