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Effective Product Liability Disclaimers 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."

Manufacturing defects are the most common cause of product liability claims. A product liability lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe but that something happened during the manufacturing process to make the product unsafe.

With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

The three types of product defects are outlined below. Design Defects. A design defect occurs when the actual design of the product is faulty. Manufacturing Defects. In contrast to design defects, manufacturing defects only affect certain units or batches of a product, rather than all products in a line. Labeling Defects.

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.

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.

If a customer knows your product and its dangers, you may be absolved of liability, but only if you can show that the injured person was aware of specific risks.

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.

There are three main categories: design defects, which are inherent flaws present before the product is made; manufacturing defects, which occur during the construction or production phase; and marketing defects, also known as failure to warn, where the product lacks adequate instructions or warnings about its use.