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Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

The legal principles that underpin product liability include negligence, where a manufacturer fails to exercise reasonable care; strict liability, which holds manufacturers accountable for defects regardless of care level; and breach of warranty, which focuses on a product's failure to fulfill its stated promises.

There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.

Product liability claims generally must meet four elements for strict liability to apply: The plaintiff must be a merchant. This means someone who routinely deals in goods of the type at issue. The product must be defective. No changes. The plaintiff must be using the product in a foreseeable manner.

A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.

You write a product disclaimer by following these steps: Identify the products that your disclaimer applies to. Write a limitation of liability by stating that you are not responsible for potential damages suffered from using your product. Note the type of warranty or lack of warranty that applies to your products.

There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. Defects in marketing.

The rule of strict products liability applies not only to sales transactions but also to other forms of product distribution that are the functional equivalent of sales. Manufacturers, wholesalers, suppliers, retailers and any other entity in the commercial distribution chain are potentially liable parties.