Product Liability
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Product Liability is a legal term used to describe the liability of a manufacturer or seller for injuries or damages caused by a defective product. Product liability can be based on negligence, breach of warranty, or strict liability.
Negligence
Negligence is the failure to exercise reasonable care. In order to prove negligence, the plaintiff must show that the defendant owed the plaintiff a duty of care, that the defendant breached that duty, and that the breach of duty proximately caused the plaintiff's injuries or damages.
Breach of Warranty
A warranty is a promise or representation made by the seller about the quality or performance of a product. If the product does not meet the warranty, the buyer may be able to sue the seller for breach of warranty.
Strict Liability
Strict liability is a type of liability that does not require the plaintiff to prove that the defendant was negligent or that the defendant breached a warranty. In order to prove strict liability, the plaintiff must show that the product was defective, that the defect caused the plaintiff's injuries or damages, and that the product was unreasonably dangerous.
Defenses to Product Liability
There are a number of defenses that a defendant may assert in a product liability case. Some of the most common defenses include:
- Assumption of the risk
- Contributory negligence
- Product misuse
- Statute of limitations
Why Learn Product Liability?
There are a number of reasons why someone might want to learn about product liability. Some people may be interested in learning about product liability because they have been injured by a defective product. Others may be interested in learning about product liability because they work in the manufacturing or sales of products. Still others may be interested in learning about product liability because they are interested in pursuing a career in law.
