Product Liability Law

Summary

Manufacturer and seller liability for injuries caused by defective products, including strict liability theories.

Overview

Product liability law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products. Liability may be based on negligence, breach of warranty, or strict liability. The modern strict liability doctrine, adopted in Greenman v. Yuba Power Products (1963) and Restatement (Second) of Torts Section 402A, imposes liability without proof of negligence when a product is sold in a defective condition unreasonably dangerous to the user.

Types of Defects

Product defects fall into three categories: design defects (flawed product design making all units dangerous), manufacturing defects (errors in production creating individual defective units), and marketing defects (inadequate warnings or instructions). Design defect claims require showing a reasonable alternative design that would have reduced risk. Manufacturing defect claims require showing the product deviated from the intended design. Failure-to-warn claims require showing inadequate warnings about foreseeable risks.