A Defective Product claim may exist when a company develops, manufactures, distributes or sells a product that is unreasonably dangerous or defective and which results in injury or death. Often, large companies find that it is less expensive to market a defective and dangerous product, rather than to make the required safety upgrades to that product.
Closely related to the concept of a “defective product” is the area of law entitled “product liability.”
In the United States, the legal claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.
A products liability claim is usually based on one or more of the following causes of action:
- design defect,
- manufacturing defect,
- a failure to warn.
The claims may succeed even when products were used incorrectly by the consumer, as long as the incorrect use was foreseeable by the manufacturer (or other party in the “supply chain”).
In general, products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable regardless of whether it acted negligently. It allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do wrong in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products.
Some legal commentators consider claims of failure to warn to be based on negligence.
A basic negligence claim consists of proof of a duty owed, a breach of that duty, an injury, and that the breach caused the plaintiff’s injury.
Over time, negligence concepts have arisen to deal with certain specific situations, including negligence per se (using a manufacturer’s violation of a law or regulation, in place of proof of a duty and a breach) and res ipsa loquitur (an inference of negligence under certain conditions).
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