Defective Product Liability

Defective product liability is based on a theory of legal responsibility that varies from state to state. The newest - and increasingly, the most common - legal theory underlying products liability law is strict liability. When this legal theory is applicable, the manufacturer, distributor, and/or seller of a product is liable for the injuries caused by the product and suffered by the consumer, regardless of the circumstances. There need be no showing of intent or careless behavior on the part of the manufacturer in order to maintain a products liability case under a theory of strict liability; rather, if the consumer can show that he or she was injured by a defective product, then the manufacturer or other relevant party is automatically liable for those injuries. The consumer's only burden is to prove that the product had a defect, which is a more expensive term than one might think. When a product is defective, it is said to be unreasonably dangerous for its intended usage.

Fast Facts

  • Kolcraft recalled about 1 million play yards in 2009 due to a defective side latch that causes a risk of falls to children.
  • About 8,200 Craftsman lawn tractors were recalled in 2009.

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  • Defective Product Liability

    From toys to prescription drugs to automobiles, thousands of defective products are sold each day in the U.S. ...
    • Site: personalinjurylawyer.com
  • Child Injury Caused by Defective Car Seat

    Children are the most at risk during car accidents. To minimize injuries, car manufacturers include safety sea...
    • By: Rodney Mesriani
    • Site: productliabilitylawyer.com
    • 3 of 3 user(s) found this useful
  • Defective Product Complaints

    Defective product laws allow consumers to file lawsuits if they have been hurt by dangerous products.  Any pro...
    • Site: productliabilitylawyer.com
  • Product Liability Overview

    Product liability torts cover the area of common law that allows for plaintiffs, also known as victims, to pur...
    • Site: lawfirms.com
  • Elements Required in a Product Liability Suit

    When a consumer buys a product they can expect it to meet certain ordinary expectations. If a manufacturer or ...
    • Site: lawfirms.com

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