Product Liability Statute

Most states have enacted a comprehensive product liability statute that sets forth the framework for manufacturer, distributor, and/or seller responsibility for defective products. These types of laws protect consumers from dangerous or defective products, and make companies or corporations responsible for creating products that might pose a danger to consumers. The standard of proof and the extent of liability differ according to jurisdiction, and, in some cases, according to the type of product involved. The manufacturer of a product, for example, may be strictly liable, or automatically responsible for, any injuries resulting from the product in question. Likewise, a manufacturer may be negligent, or careless, with regard to the risk of injury posed by a consumer product. Finally, a manufacturer may have breached a certain consumer warranty in selling a product that proved to be defective and/or dangerous in some way. While products liability law typically involves retail products, these legal theories also extend to basically anything that can be sold to a consumer.

Fast Facts

  • Between 1977 and 1999, seven children were trapped and suffocated in self-latching Lane cedar chests, resulting in the recall of 12 million chests made before 1987.
  • Infant swings have caused 4 deaths and 50 injuries to infants, resulting in the recall of over 1 million swings.

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