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Product liability Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.
To recover under strict product liability, a plaintiff must prove that an unreasonably dangerous condi- tion or defect existed in the product, that the condition existed at the time the product left the manufacturer's control, and that the condition was the proximate cause of the of the plaintiff's injury or damage.
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.
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.
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.
They are: Negligence. Breach of warranties. Strict liability in tort. Misrepresentation.
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.
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.