Products Liability Law
Product liability refers to the liability of any or all parties along the chain of manufacture for a defective product. The chain of manufacturer includes the manufacturer of parts, the assembling manufacturer, the wholesaler, the carrier, and even the retail store owner. Although products liability claims can be based on negligence, strict liability, or breach of warranty of fitness, modern products liability is generally considered strict liability. That is, the manufacturer can be held liable for a defective product without the plaintiff having to prove negligence in the defendant. In fact, it is irrelevant whether the manufacturer or supplier exercised due care. The key, instead, is to show that the product from which the damage arises is in a defective condition and unreasonably dangerous.Proving Products Liability
The classic products liability case Escola v. Coca Cola Bottling Co. of Fresno (1944) demonstrates this. A Coca Cola bottle had randomly exploded in Escola’s hand. The bottle broke into two jagged pieces and inflicted a deep five-inch cut on Escola hand, severing many blood vessels, nerves, and muscles. Here, a bottle that randomly explodes is indisputably defective and unreasonably dangerous. While it may be impossible or difficult for the plaintiff to prove the negligence of any one party, the criterion for strict products liability has been met and any or all parties along the chain of manufacture of the bottle can be held liable for the victim’s injury.
Types of Defective Products
There are three types of product defects that incur liability in manufacturers and suppliers.
- Manufacturing Defects: A product has a manufacturing defect when it is not made the way it ought to be. Manufacturing defects come about during the construction or production of the product. An example of manufacturing defect is an infant toy with sharp objects protruding from it when the surface is supposed to be smooth and flat.
- Design Defects: Unlike manufacturing defects, products with design defects are made exactly as the manufacturer intended them to be made. For a product to be considered defectively designed by the court, two criterions must be met. First, under the consumer expectation test, the product is more dangerous than the average consumer expects it to be. Second, under the risk-utility test, the dangers resulting from a product’s design is larger than its benefits and there are no alternative designs to minimize the dangers.
- Instructional Defects: Instructional defects deal with improper instructions. One common type of instructional defect is the failure to warn consumers of the risks associated with a particular product. For instance, it would be an instructional defect if a certain pharmaceutical drug fails to provide warnings about the risks associated with taking the drug.
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