What are product liability cases?

Products liability cases can be based on claims of negligence, strict liability, or breach of warranty, as well as consumer protection statutes, depending on the jurisdiction in which the claim is based. Claims of negligence can be brought where a manufacturer has a duty to exercise reasonable care in designing, manufacturing, or marketing a product, and failed to do so, which caused injury to the consumer. A manufacturer owes a duty to exercise reasonable care to the ultimate consumer of a product, however, a consumer bringing a product liability claim does not need to be the actual purchaser of the product.

Product liability is generally considered a strict liability claim. Strict liability claims focus on the product itself, rather than the actions of the manufacturer. If a product is defective and unreasonably dangerous, a manufacturer may be held liable even if they are not found to be negligent in making the product defective. Therefore, by removing the issue of whether the manufacturer was negligent, or at fault, strict liability can allow a consumer to recover where he or she otherwise might not. In design defect cases, many jurisdictions evaluate the consumer’s expectation of the product to determine whether the product was defective and unreasonably dangerous.