6.2 Product and Strict Liability
3 min read•june 24, 2024
and are crucial concepts in business law, protecting consumers from dangerous products. These legal doctrines hold manufacturers, distributors, and sellers accountable for injuries caused by defective items, regardless of fault or intent.
Understanding product liability is essential for businesses to manage risks and ensure consumer safety. Key elements include product defects, , and injury, while defenses like and can protect companies from unwarranted claims.
Product Liability and Strict Liability
Concept of strict liability
Top images from around the web for Concept of strict liability
Vicarious Liability - Free of Charge Creative Commons Post it Note image View original
Is this image relevant?
Strict Liability - Free of Charge Creative Commons Suspension file image View original
Is this image relevant?
Product Liability View original
Is this image relevant?
Vicarious Liability - Free of Charge Creative Commons Post it Note image View original
Is this image relevant?
Strict Liability - Free of Charge Creative Commons Suspension file image View original
Is this image relevant?
1 of 3
Top images from around the web for Concept of strict liability
Vicarious Liability - Free of Charge Creative Commons Post it Note image View original
Is this image relevant?
Strict Liability - Free of Charge Creative Commons Suspension file image View original
Is this image relevant?
Product Liability View original
Is this image relevant?
Vicarious Liability - Free of Charge Creative Commons Post it Note image View original
Is this image relevant?
Strict Liability - Free of Charge Creative Commons Suspension file image View original
Is this image relevant?
1 of 3
- Legal doctrine holds defendant liable for damages caused by actions or products regardless of fault or intent
- Differs from which requires proving defendant's failure to exercise reasonable care
- Applies in situations where defendant's activity or product is inherently dangerous or poses significant risk to others (explosives, dangerous animals)
- Product liability manufacturers, distributors, and sellers can be held strictly liable for injuries caused by defective products
- employers may be held strictly liable for actions of employees while acting within scope of employment
Elements of product liability
- Product defect product must have a defect that makes it unreasonably dangerous
- inherent flaw in product's design that makes it dangerous (top-heavy vehicle)
- flaw that occurs during production process causing product to deviate from intended design (contaminated medication)
- failure to provide adequate warnings or instructions about product's risks (lack of allergen warning on food product)
- Causation defect must be the cause of plaintiff's injury or damages
- Injury or damages plaintiff must have suffered actual harm or losses (physical injury, property damage)
- Determining unreasonably dangerous products
- product is unreasonably dangerous if it fails to perform as safely as an ordinary consumer would expect when used as intended or in a reasonably foreseeable manner (exploding cell phone battery)
- courts weigh product's risks against its benefits to determine if risks outweigh utility of product
- Severity of potential harm
- Likelihood of harm
- Feasibility of safer alternative designs
- Cost of implementing safer designs
Defenses against product liability
- Contributory negligence plaintiff's own negligence contributed to their injury
- If proven may bar or reduce plaintiff's recovery depending on jurisdiction
- Some states use which apportions fault between plaintiff and defendant and reduces plaintiff's recovery accordingly
- Assumption of risk plaintiff voluntarily and knowingly assumed risks associated with using product
- plaintiff explicitly agreed to accept risks often through a waiver or release (skydiving waiver)
- plaintiff's conduct demonstrates understanding and acceptance of risks inherent in using product (using a chainsaw without safety gear)
- of product defendant may argue that plaintiff used product in an unintended or unreasonable manner causing their own injury (using a kitchen knife as a screwdriver)
- defendant may claim that product met highest safety standards available at time of manufacture and that defect was not reasonably discoverable
- product liability claims must be brought within a specific time frame after injury occurs as determined by state law (2-3 years in most states)
Related Legal Concepts
- : The broader legal framework under which product liability falls, dealing with civil wrongs that cause harm or loss
- Negligence: A key concept in tort law, where failure to exercise reasonable care () results in harm to another party
- : When a product fails to meet the promises or guarantees made by the manufacturer or seller
- : A legal doctrine meaning "the thing speaks for itself," used when the mere occurrence of an accident implies negligence
Key Terms to Review (22)
Assumption of Risk: Assumption of risk is a legal doctrine that states an individual may forfeit their right to claim damages if they voluntarily expose themselves to known risks. This concept is crucial in determining liability, as it considers whether a person knowingly accepted the potential dangers associated with an activity. Understanding this term helps clarify how participants in potentially hazardous activities or consumers of certain products can affect their ability to recover damages.
Breach of Warranty: A breach of warranty is a failure to fulfill the terms of a warranty or guarantee made by a seller or manufacturer regarding the quality, performance, or condition of a product. It occurs when the product does not meet the promised standards, resulting in the buyer's right to seek legal remedies.
Causation: Causation is the relationship between an event or action and its consequence or effect. It is a fundamental concept in various areas of law, as it determines the link between a defendant's conduct and the harm or damage suffered by the plaintiff.
Comparative Negligence: Comparative negligence is a legal doctrine that apportions liability between parties based on their relative degree of fault in an accident or injury. It allows for the recovery of damages even if the plaintiff was partially responsible for the harm, with the damages reduced in proportion to the plaintiff's share of the blame.
Consumer Expectations Test: The consumer expectations test is a legal doctrine used in product liability cases to determine whether a product is unreasonably dangerous. It focuses on the reasonable expectations of the ordinary consumer regarding the safety of a product, rather than on the manufacturer's conduct or the product's design.
Contributory Negligence: Contributory negligence is a legal doctrine that reduces or bars a plaintiff's recovery in a personal injury lawsuit if the plaintiff's own negligence contributed to the injury. It is a concept that applies in the context of both intentional torts and negligence, as well as product and strict liability cases.
Design Defect: A design defect is a flaw in the original design or blueprint of a product that makes it unreasonably dangerous for its intended use, even when manufactured exactly as intended. This type of defect exists before the product is even produced and can lead to strict liability in the context of product liability and 6.2 Product Liability.
Duty of Care: The legal obligation to exercise a reasonable level of care to avoid causing harm or injury to another person. It is a fundamental concept in tort law that requires individuals and organizations to take reasonable steps to protect the safety and well-being of others with whom they interact or have a relationship.
Express Assumption of Risk: Express assumption of risk is a defense in tort law that arises when a plaintiff explicitly agrees to accept the risks associated with a particular activity or situation. This term is particularly relevant in the contexts of product liability and strict liability, where the plaintiff's voluntary acceptance of known risks can impact their ability to recover damages.
Implied assumption of risk: Implied assumption of risk occurs when a person voluntarily engages in an activity while being aware of the inherent risks involved, thereby accepting those risks. This legal concept plays a significant role in product and strict liability cases, where a consumer may not be able to claim damages if they willingly exposed themselves to known dangers associated with a product or activity.
Manufacturing Defect: A manufacturing defect is a flaw or imperfection in a product that occurs during the manufacturing process, making the product unsafe or unreliable for its intended use. This type of defect is a critical component of product liability and strict liability laws.
Misuse: Misuse refers to the improper or unintended use of a product, service, or system, often resulting in harm or undesirable consequences. In the context of product and strict liability, misuse is a crucial concept that can impact the liability of manufacturers and sellers.
Negligence: Negligence is the failure to exercise the care that a reasonably prudent person would use under the same or similar circumstances. It is a key legal concept that underpins many areas of business law, including liability for civil and criminal actions, as well as product and strict liability.
Product liability: Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure that their products are safe for consumers. This concept encompasses various laws and regulations that protect consumers from defective or hazardous products and holds responsible parties accountable for injuries or damages caused by those products. The significance of product liability is underscored by the need for businesses to maintain high safety standards while also navigating the complex legal landscape surrounding consumer protection.
Res Ipsa Loquitur: Res ipsa loquitur is a legal doctrine that allows an inference of negligence to be drawn from the very nature of an accident or injury, even without direct evidence of a defendant's specific wrongful act or omission. It shifts the burden of proof to the defendant to explain how the incident occurred.
Risk-Utility Test: The risk-utility test is a legal doctrine used to determine product liability in the context of strict liability and product liability. It involves weighing the risks associated with a product against the utility or benefits it provides to determine if the product is unreasonably dangerous and the manufacturer can be held liable.
State of the Art Defense: The state of the art defense is a legal concept that allows a manufacturer to avoid liability for a product-related injury if the product was designed and manufactured according to the best available technology and scientific knowledge at the time of production. This defense is particularly relevant in the context of product liability and strict liability laws.
Statute of Limitations: The statute of limitations is a law that sets the maximum time period within which legal proceedings may be brought for a particular type of case or offense. It is a crucial concept in the legal system that helps ensure the fairness and efficiency of the judicial process by preventing the prosecution or filing of claims after a certain amount of time has elapsed.
Strict Liability: Strict liability is a legal doctrine that holds a person or entity responsible for the damages or injuries caused by their actions or products, regardless of their intent or negligence. This principle is applied in certain situations to ensure accountability and protect the public's safety.
Tort Law: Tort law is a branch of law that deals with civil wrongs and provides remedies to individuals who have suffered harm due to the wrongful actions of others. It encompasses various types of wrongful acts, including negligence, intentional inflictions of harm, and strict liability offenses. Tort law aims to restore injured parties to their original position by providing compensation and holding the wrongdoer accountable for their actions.
Vicarious liability: Vicarious liability is a legal doctrine that holds one party responsible for the actions of another party, usually in an employer-employee relationship. This principle is based on the idea that an employer can be held liable for the negligent or intentional torts committed by an employee while performing work-related duties. It underscores the importance of accountability and risk management in business operations.
Warning Defect: A warning defect is a type of product liability where a product is deemed defective because the manufacturer failed to provide adequate warnings or instructions about potential dangers associated with the use of the product. This concept is closely tied to the topics of 6.2 Product Liability and Strict Liability.