Product Liability - James Hoyer Newcomer & Smiljanich

Product Liability

The doctrine of product liability allows a purchaser, user or even a bystander to recover damages for injuries caused by defective products. The possible parties responsible for damages are the manufacturers, distributor, wholesaler and/or retailer of the defective product. An individual can seek damages for the injuries personally suffered and can also seek damages in a class action on his or her own behalf and on behalf of anyone else injured by the product.

Products for purposes of product liability cases include, typically, items such as food, tools, furniture, etc. It can also include, however, items such as liquid fuel, animals, medications, etc. A product can be defective in three different ways. The way the product was designed may have been defective; the way that the product was manufactured or put together may have been defective; also the manner in which the product was marketed may make the product defective. For example, the manufacturer may have included instructions that created an unreasonable risk of injury, or may have not included safety warnings that they should have included.

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