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Negligence theory in products liability is most useful in two types of cases: defective design and defective warnings.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

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.

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.

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.

In assessing whether a product was defective, courts have adopted two standards: the consumer expectation standard and the risk-utility standard. Under the consumer expectation standard, a product is defective if its danger is unknowable and unacceptable to an ordinary consumer.

There are three major types of product defects that can lead to legal claims: manufacturing defects, design defects, and failure to warn defects. Each of these defects presents its own challenges and requires different approaches to establish liability.

Generally, to prevail on a strict product liability claim, a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage.

Examples of product liability negligence on the part of companies making products can include the failure to warn of potential hazards and product misuse, malfunctions in stated product behavior, hidden defects such as toxic materials or unsanitary manufacturing processes, and defective product design.