Understanding Product Liability and What Makes a Product Defective
Product liability law is a body of law that makes product makers responsible for injuries or deaths caused by their defective products. It applies to all parties along the chain of manufacture including the manufacturer, wholesaler, supplier, and retailer. Product liability law is also called the law of defective products, or strict products liability. It protects consumers from defective products.
Product liability claims can be based on negligence, breach of warranty, or strict liability. Most states have passed comprehensive product liability laws statutes. There are three types of product defects: design defects, manufacturing defects, and marketing defects. Design defects are inherent in the product. 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 making of the product. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Product liability law covers all types of products. It covers consumer products such as bicycles, cribs, children’s rings, window blinds, and any other consumer product. It also covers foods. It also covers drugs and medical devices. Product liability also covers industrial products such as electrical saws. All products are covered by product liability law.
Product liability or defective product general categories:
- Consumer products
- Cars and tires
- Drugs and medical devices
- The United States Food and Drug Administration regulates foods and drugs.
- The United States Consumer Product Safety Commission regulates consumer products.
- The National Highway Traffic Safety Administration publishes the Federal Motor Vehicle Safety Standards.
Product liability examples | Consumer products.
- Fischer Price, Little People Animal Sounds Farm-contains a nail fastener that is a choking hazard.
- BBGuns that misfire.
- Lithium-ion extended-life batteries used in ThinkPad notebook computers overhead causing a fire hazard.
- T-shirts with decals made up of flammable materials.
Product liability examples | Cars and tires.
- Tire mismatch.
- Auto crashworthiness.
- seat belts.
Product liability examples | Drugs and medical devises.
- Vioxx-increased risk of heart attack and stroke.
- Bextra-increased risk of heart attack and stroke and skin reactions.
- Celebrex-increased risk of heart attack and stroke.
- Crestor-increased risk of kidney disease and Rhabdomolysis.
- Ephedra-increased risk of heart attack and stroke.
- Guidant cardiac defibrillator-recalled.
- Pargluva-causes cardiovascular risk.
- Ortho Evra birth control patch-causes deep vein thombosis, pulmonary embolus, heart attack and stroke.
- Trasylol-kidney damage, heart attack and stroke.
- Fosamax and other bisphosphonates-cause osteonecrosis of the jaw.
- Ketak an antibiotic-causes liver damage.
- Bausch & Lomb contact lens solution with moistureloc-removed from the market and causes severe eye infections.