Product Liability

Product Liability

Product Liability is not a new tort.

Liability can be based on:

Ø  Negligence;

Ø  Misrepresentation;  or

Ø  Strict Liability;

Ø  Warranty Theory.

Product Liability (Negligence)

Negligence-based product liability is based on a manufacturer’s breach of the reasonable standard of care and failing to make a product safe.

Case 6.1:  Jarvis v. Ford Motor Co. (2002)

Manufacturer must exercise “due care” in:

Ø  Designing products;

Ø  Manufacturing and Assembling Products;

Ø  Inspecting and Testing Products; and

Ø  Placing adequate warning labels.

Manufacturers, who violate state or federal law in the manufacture or labeling of a product, may be negligent per se.

No privity of contract required between Plaintiff and Manufacturer. Liability extends to any person’s injuries caused by a negligently made (defective) product.

Product Liability (Misrepresentation)

Occurs when fraud committed against consumer or user of product.

Fraud must have been made knowingly or with reckless disregard for safety.

Plaintiff does not have to show product was defective.