Products Liability Lawsuits

Products liability is an area of law that deals with injury or harm caused by a defective or flawed product. Perhaps the product was designed defectively or maybe the manufacturer used a faulty part in the product. A product is considered defective if the manufacturer failed to warn of its dangers.

Theories of Liability for Defective Products

Negligence
There is a duty to sell safe products to consumers, and a manufacturer is negligent if it fails to use due care in designing, manufacturing, or labeling its products. There are defenses that reduce or excuse a manufacturer's liability for negligence. One defense is contributory negligence, which means the injured person's own actions also caused the injury. Comparative negligence is another defense. It means that both the manufacturer and the injured person were at fault in varying degrees. A third defense is assumption of risk (a person knew about the defect but continued to use the product).

Breach of Warranty
A warranty is a promise made by a manufacturer about the quality or performance of its product. A warranty can be express (oral or written). In most states, there is an implied (unspoken or unwritten) warranty that a product is reasonably safe for its intended use. A person can sue the manufacturer for breach of warranty when the product is not reasonably safe for its intended use and the person is injured (or his or her property is damaged) while using the product.

Strict Liability
Most states hold a manufacturer strictly liable (liable without fault) if a defective product causes an injury when a consumer uses the product properly. Assumption of risk (you knew about the defect but continued to use the product) is a defense to a lawsuit based on strict liability.

Damages Awarded in Products Liability Lawsuits

An injured person can recover compensatory or actual damages if the injured person proves his or her case. Compensatory damages include medical expenses, lost income, pain and suffering, and any damage to personal property. If an injury occurred but no actual loss or damage was proved, nominal damages can be awarded. This means that a small sum is awarded when there is proof that an injury occurred but no damages were proved. Courts can award punitive damages to punish a company that acted recklessly in putting a defective product on the market, if the product caused injuries.