Strict Product Liability Law

Another sort of product liability is called “manufacturing defect” where-by the design of the product is not at fault rather the fault happened during the manufacturing process. This means that only a handful of the products have defects but under most circumstances if brought to attention a general recall has to be performed.

Product liability laws will also cover items that aren’t principally the fault of the product too. This is called “defects in marketing”, meaning that you as the consumer made a error when using the product because the instructions or the sales/marketing depicted that it should be used otherwise and suffered injury or loss because of it.

In general, product liability claims can be made based on negligence, strict liability or even breach of warranty depending on what jurisdiction the claim is based. The problem is that there isn’t a federal product liability law and because of that each state in the USA has their comprehensive product liability law statutes which are almost similar but not exactly.

Product liability is almost always considered a strict liability offence meaning that the degree of carefulness of the defendant isn’t considered.  This basically means that even if the manufacturer showed great concern or was very careful in pointing out the defect through labeling it or marketing it as such, the liability is still on the manufacturer.

[1] [2]