Liability for dangerous products is governed by the law of products liability, which combines elements of the law of contracts and of the law of personal injury.

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. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Products liability claims can be based on negligence, strict liability, or breach of warranty depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.

In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.

Negligence
In a negligence claim, a plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain or group had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty, resulting in injury to the plaintiff. Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances or failing to do something that a person of ordinary prudence would do under the same or similar circumstances. This can take the form of negligence in drawing up or reviewing plans for a product, negligence in maintaining the machines that make the component parts of the product, negligence in failure to anticipate probable uses of the product, negligence in failure to inspect or test the product adequately, negligence in issuing no warnings or instructions or inadequate warnings or instructions, negligence in releasing the product into the stream of commerce, or any other aspect of the manufacturing or distribution process where due care is not used

Strict Liability
Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

Breach of Warranty
Generally, under the law of contracts, the law imposes certain warranties (guarantees) on the sale of goods. Such warranties include:

• the warranty of merchantability (that the goods are in proper condition for use and free of defects);
• the warranty of fitness for a particular purpose (e.g., the lawnmower must be able to mow grass, the stove must be able to cook food).

These warranties are called implied warranties because the law assumes that they apply even if they are not expressly stated. Additionally, if the seller or manufacturer makes a specific representation to a purchaser concerning the quality or function of goods ("this lawnmower will last for 10 years" or "this stove will heat food to 500 degrees") the seller or manufacturer can be held to these express warranties.

The terms “Defect" and "Defective"
One of the most common terms to arise in product liability litigation is “defect”. In the eyes of the law this term has a broader meaning than one might expect. The law considers any product which is unreasonably dangerous for its intended use to be defective.

Manufacturing Defects vs. Design Defects
Another distinction which arises in product liability law is the distinction between manufacturing defects and design defects. A manufacturing defect arises when the finished product does not conform to the manufacturer’s plans or specifications. An example of this would be a jagged edge on an automobile ashtray, where the manufacturer’s plans called for a smooth edge, but a malfunction occurred during the machining process. Another example of manufacturing defects are product failures caused by substandard materials, such as exploding soft drink bottles. Design defects, on the other hand, occur when a product is manufactured exactly as the manufacturer intended, but the product itself is deemed to be unreasonably dangerous for its intended use. An automobile that cannot withstand crush injuries during a roll over accident or which will explode upon impact would be considered to have a design defect. Much of today’s product liability litigation consists of design defect cases, and this field is broad enough to cover such claims as asbestos litigation, vaccine and other drug litigation, flammable fabric litigation, dangerous power tool or appliance litigation, defective medical implant, and any other area in which a product’s design makes it unreasonably dangerous for its intended use, thereby causing injury.

Because product liability lawsuits span the areas of contract law and tort law, the rules applying to product liability lawsuits can sometimes be inconsistent and confusing. Statutes of limitations for these claims can also be as short as 2 years from the initial date of injury.

Time Limits on Filing Suit
Every case has a statute of limitations that will apply. It varies by the type of case and the state where the case is filed. Don't wait until there is trouble or until the end of your case to get a lawyer. Your attorney would prefer to be involved every step of the way, to monitor your case, to guide you, to prevent trouble, and to assist you.
Irwin & Boesen, P.C. represents persons who have been injured by dangerous products. Please contact our attorneys for a free consultation.

Irwin & Boesen, P.C. represents persons who have been injured by dangerous products. Please contact us for an honest and fair evaluation of your case.