Add a Name Field Legal Massachusetts Product Liability Forms For Free

California's Strict Liability Rule In California, the strict liability rule plays a pivotal role in product liability cases. This rule states that manufacturers, distributors, and retailers can be held liable if their product is found to be defective, regardless of whether they were negligent or not.

The Product Liability Act provides two different methods through which an aggrieved party can bring a claim—either by filing a lawsuit in any court that has jurisdiction or by filing a complaint with the Consumer Protection Board.

Product liability insurance helps protect your business from claims that a product you made or sold caused bodily injury or property damage to someone else's belongings. An insurance company may offer this coverage as a standalone policy, but we include it as part of your general liability insurance.

Remember, in product liability law, these general disclaimers usually aren't valid since customers cannot properly bargain away their warranty rights. If companies could escape liability by simply writing this disclaimer, they would have little incentive to ensure that their products are safe.

Proper Plaintiffs The California Supreme Court has held that any person whose injury was reasonably foreseeable may bring a strict liability claim against a product manufacturer or distributor (Elmore v. Am. Motors Corp., 70 Cal. 2d 578, 586 (1969)).

Massachusetts is recognized as a strict liability state, meaning if a product injures you, you don't need to prove that the manufacturer or seller was negligent. The law automatically holds manufacturers, wholesalers, and retailers responsible if their product is found defective.

Essentially, with product liability claims you must prove that your injuries were a result of a defect, carelessness from another party, or negligence. With strict liability cases, you must prove that you used your product as intended.

Product liability is a term used to describe the legal liability of manufacturers or sellers of goods to compensate buyers, users and even bystanders for damages or injuries suffered because of defects in goods purchased. Product liability law is the area of law governing product liability litigation.

California. There is no cap for product liability.