Product liability explained
“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. Products-liability claims can be based on negligence, strict liability, or breach of a warranty of fitness, depending on the jurisdiction within which the claim is based. In any jurisdiction, an individual must prove that the product is defective. There are generally three types of product defect that can incur liability on manufacturers and suppliers. One is design defect, two is a manufacturing defect, and three are defects in marketing. Design defects may be inherent. They exist before the product is ever manufactured. While the item may serve its purpose, it can be unreasonably dangerous to use because of the design flaw. While manufacturing defects may occur during the construction or production of the item, 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. It’s because of this a defendant may be liable when it’s shown the product is defective. It may not matter that the supplier or manufacturer exercised great care. If there is a defect in the product that causes harm, they’re going to be liable for it.