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This liability cannot be excluded by contract. If the claimant is unable to identify the manufacturer or, in the case of non-EU manufacturers, any of the other entities mentioned above, then any distributor of the product may be held liable for the damage.

The product must have been in a defective condition when the defendant sold it. The defendant must normally be engaged in the business of selling (or otherwise distributing) that product. The product must be unreasonably dangerous to the user or consumer because of its defective condition (in most states).

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.

The elements of a negligence cause of action against a product manufacturer or seller arising out of a defective product are the same as for most any other type of negligence action: duty, breach of duty, causation and damage. The duty, whether in design, manufacturing, or warning, is that of reasonable care.

The courts that deny the enforceability of a release against a strict liability do so on public policy grounds: "The doctrine of strict liability is based not only on the public policy of discouraging the marketing and distribution of defective products, but also on the reasoning that a manufacturer is in; a far better ...

Here is an example of an explicit disclaimer: "In no event shall our company be liable for any direct, indirect, punitive, incidental, special, consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of our products."

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

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.

Yes, liability waivers can be legally binding documents. It's, therefore, advisable to seek legal or professional guidance to ensure your waiver is well-drafted and legally valid for your location. Other relevant factors that determine the enforceability of liability waivers include: The terms and language used.