Defining Product Liability

Ever wonder what product liability is? Everyone has heard about the infamous McDonald’s coffee incident… The one in which a lady severely burned herself after spilling a McDonald’s coffee.  This is an example of product liability.  According to the case history, McDonald’s is culpable of product liability because their coffee was heated at a dangerous temperature.

So, to put it more clearly, product liability is the liability in which any of the parties who make a given product are held liable if the product inflicts damage upon the public.  Thus, manufacturers, distributors, wholesalers and suppliers may be subject to product liability.  In reference to the McDonald’s example, McDonald’s has been held liable of product liability, not the coffee manufacturer.  Making sense?  To be subject to product liability, the product must be in the market place and must be defective.

Defective means that the product is harmful or may be harmful to the public.  This product may therefore be accountable of a product liability claim.  There are three main types of product defects pertaining to product liability.  Design defects, manufacturing defects and marketing defects are the types of defects which determine product liability.

FindLaw gives a great explanation of the three defects pertaining to product liability.

Design Defects
A design defect is some flaw in the intentional design of a product that makes it unreasonably dangerous. Thus, a design defect exists in a product from its inception. For example, a chair that is designed with only three legs might be considered defectively designed because it tips over too easily. Design defect claims often require a showing of negligence; however, strict liability may be imposed for an unreasonably dangerous design if the plaintiff can present evidence that there was a cost-effective alternative design that would have prevented the risk of injury. In some cases, if a product was so unreasonably dangerous that it never should have been manufactured, the availability of a safer design might not be required to hold the designer liable.

Manufacturing Defects
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The first doctrine, known as “res ipsa loquitur,” shifts the burden of proof in some product liability cases to the defendant(s). Translated, this Latin term means “the thing speaks for itself,” and indicates that the defect at issue would not exist unless someone was negligent. If the doctrine is successfully invoked, the plaintiff is no longer required to prove how the defendant was negligent; rather, the defendant is required to prove that it was not negligent.

The second rule that helps plaintiffs in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. By eliminating the issue of manufacturer fault, the concept of no-fault, or “strict” liability allows plaintiffs to recover where they otherwise might not.

Marketing Defects
Marketing defects include improper labeling of products, insufficient instructions, or the failure to warn consumers of a product’s hidden dangers. A negligent or intentional misrepresentation regarding a product may also give rise to a product liability claim.

If a product is proven defective, then the parties involved with the manufacturing of the product are held liable of product liability.  Product liability is consider to be an offense and should be taken seriously.

If you have been injured by a defective product, seek professional help.  Product liability claims are complicated!  The product liability attorneys at Bander, Bander & Alves can help you with your product liability claim! Let us use our professional knowledge and experience to help you build a strong product liability case.