SLAM LAW - Swanson, Lathen, Alexander, McCann, Prestwich, PC

Products Liability Generally speaking, products liability refers to the liability of the makers or sellers of defective products to someone injured by the defect. Potentially responsible parties can include the manufacturer, wholesaler, and retail store owner and seller. In most cases defective products claim deal with tangible personal property. However, products liability law has included intangible products as well, e.g. gas leaks. These claims can involve a negligence standard, but more frequently involve strict liability. Strict liability is a legal doctrine that makes some persons responsible for damages their products cause regardless of any fault they may have. In these cases, if strict liability is the legal standard, we must prove the productive was defective and that the defect caused the person’s injuries regardless of whether the manufacturer or supplier took great care to avoid the defect. Three types of product defects incur liability for manufacturers and suppliers: design defects, manufacturing defects, warning defects and marketing defects. Design defects exist even before the manufacturer produces the product. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. Manufacturing defects, however, arise during the product’s construction. In these cases, only a few of many products of same type made contain the flaw that makes it dangerous. Finally, warning defects deal with failing to advise consumers of a potentially dangerous use the maker or seller should know about, but the consumer typically would not know.