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Napoli Bern Ripka, LLP Blog

Products Liability

6/27/2008
Oguz Ozdemir
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Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others that make their product available to the public are held responsible for the injuries that their products cause. A products liability claim is based on the following causes of action: design defect, manufacturing defect, & failure to warn. Common cases in product liability include pharmaceutical, tires, automobiles, trucks, children’s products, aviation components, medical devices, forklifts, all-terrain vehicles, military equipment and railroad equipment. Whether it was the Firestone Tire recall to numerous toy recalls, these defective products cause many injuries that involve serious medical problems and fatalities.

According to Section 102(2) of the Uniform Product Liability Act, product liability includes "all claims or action brought for personal injury, death, or property damage caused by the manufacture, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product." Product liability has become a popular topic among manufacturers and anyone involved or in fear of breaking this law. Small businesses must be specifically aware of their responsibilities under product liability due to their limited resources. All businesses should not only be aware of their responsibilities, but they should also be up to date about the proper warnings on products and labels. Also including warnings about potential hazards in regards to materials & ingredients.

There are four main elements that must be present for a product liability case to be considered under the negligent tort principles: 1. the particular defendant owes a duty to the particular plaintiff to act as a reasonably prudent person under the same or similar circumstances. 2. There is a breach of such a duty by the defendant—that is, a failure to act reasonably. 3. There is an injury, including personal injury or property damage. 4. There is a causal link between defendant's breach of duty and injuries sustained by the plaintiff. This concept of negligence emprises everything from the product design to the testing of materials, are all susceptible to negligence.

It is often hard to prove negligence in product liability cases due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary

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