Products Liability

The manufacturer or seller of a product is vested with the responsibility of supplying products that are not defective or harmful to consumers.  If a person is injured by a suspect product, the injured person can seek compensation for the damage caused to him or her as a result of the defective product.  In general, four theories are used by a plaintiff when filing a suit for injuries related to products liability.  They are breach of warranty, negligence, misrepresentation, and strict tort liability. 

Strict liability is an important theory in cases that are based upon a products liability allegation.  This is because a manufacturer is deemed to be strictly liable when it has placed an article into the stream of commerce that contains a defect that causes personal injury.  Fault on the part of the manufacturer need not be proven; thus, it does not matter whether the manufacturer was aware of the defect or not, it will still be deemed strictly liable for any injuries caused by the defect.