Defective Product Liability: Theories of Liability

The elements of what a plaintiff must prove to prevail in a product liability action will also vary with the jurisdiction. It may be possible for a plaintiff to pursue more than one theory of liability.

Negligence: In a negligence action, the plaintiff must typically demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses, would have detected the defect with the exercise of reasonable care in the design, manufacture, or inspection process, failed to meet its obligations, and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use of the product.

Strict Liability: Under a strict liability standard, once the plaintiff establishes that a product is defective, liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale.

Breach of Warranty: A warranty is essentially a contract of fitness between a manufacturer or vendor and its customer. Under a breach of express warranty theory, the plaintiff alleges the violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended.

Many jurisdictions have created comprehensive product liability statutes, to govern litigation over injuries caused by Defective Products. Some states adhere more closely to a strict liability model, while some have very narrow product liability standards and place a significant burden of proof on a plaintiff. Some may defer to the safety determination made by a federal agency, such as the FDA's review of pharmaceutical products, and shield manufacturers from defects unless the plaintiff can demonstrate that they misled the reviewing agency. They may also immunize parties beyond the point of manufacture, unless the plaintiff can demonstrate that they had actual knowledge of a product defect.

• Theories of Liability
• Most Common Product Categories for Liability Claims
• Liability FAQ

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