What is product liability? (Guide 2022) – Forbes Advisor

Victims can make a product liability claim as a result of many different issues with products that cause damage. Here are some common examples.

Design flaws

Design defects occur when the product is faulty from the start. For example, if a vehicle’s design makes it more likely to roll over and cause serious injury in a crash, that would be an example of a design flaw.

Manufacturing defects

In some cases, problems arise during the manufacturing process. For example, a manufacturer may leave a part of the vehicle on the assembly line or install the airbag incorrectly, increasing the risk of injury in the event of a car accident. The manufacturer of the product as a whole could be liable, as could the manufacturer of its parts.

For example, if defective airbags are installed in a car, both the airbag manufacturer and the car manufacturer could be sued under product liability law.

Breach of Warranty

Products may come with express or implied warranties.

Express warranties are written warranties that provide certain warranties. The promises come directly from the manufacturer.

Implied warranties are not clearly written in an agreement between the consumer and merchants or distributors. Instead, they are implied by law or circumstances. Implied warranties include the warranty of merchantability. This is a legal rule that dictates that a product can be assumed to be fit for its intended use. If the state requires certain types of items to have a warranty, this also creates an implied warranty for the product, even if the manufacturer does not put it in writing.

Failure to warn

Some products are safer than others. And, in some situations, it is impossible to eliminate all risk of malfunction.

Manufacturers have a duty to disclose any inherent side effects or risks associated with using a particular product if there are any potential safety issues. If they fail to provide proper notification of potential hazards, this could be considered a warning failure. It is considered a type of marketing failure that can give rise to a product liability claim in court.