Products
liability refers to the liability of any or all parties along the
chain of manufacture of any product for damage caused by that product.
This includes the manufacturer of component parts (at the top of
the chain), an assembling manufacturer, the wholesaler, and the
retail store owner (at the bottom of the chain). Products containing
inherent defects that cause harm to a consumer of the product, or
someone to whom the product was loaned, given, etc., are the subjects
of products liability suits. While products are generally thought
of as tangible personal property, products liability has stretched
that definition to include intangibles (gas), naturals (pets), real
estate (houses), and writings (navigational charts).
Products liability claims can be based
on negligence, strict liability, or breach of warranty of fitness
depending on the jurisdiction within which the claim is based. Many
states have enacted comprehensive products liability statutes. These
statutory provisions can be very diverse, such that the the United
States Department of Commerce has promulgated a Model Uniform Products
Liability Act (MUPLA) for voluntary use by the states. There is
no federal products liability law.
In any jurisdiction one must prove that
the product is defective. There are three types of product defects:
design defects, manufacturing defects, and defects in marketing.
Design defects are inherent; 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 construction or production of the item.
Only a few out of many products of the same type are flawed in this
case. Defects in marketing deal with improper instructions and failures
to warn consumers of latent dangers in the product.
Products liability is generally considered a
"strict liability" wrong. Strict liability wrongs do not
depend on the degree of carefulness by the defendant. Translated
to products liability terms, a defendant is liable when it is shown
that the product is defective. It is irrelevant whether the manufacturer
or supplier exercised great care; if there is a defect in the product
that causes harm, he or she will be liable for it.
The law of products liability is found mainly
in common law of torts (state judge-made law) and in the Uniform
Commercial Code. Article 2 of the UCC deals with the sale of goods
and it has been adopted by most states. In it, the most important
products liability sections are the implied and express warranties
of merchantibility in the sale of goods, §§ 2-314 and
2-315.
If you or someone you know has been involved in a serious
accident in Georgia, Finch McCranie, LLP may be able to help you. For your convenience
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