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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.
Any party involved in a defective product's chain of distribution can be legally responsible if it causes harm. In most cases, the liability falls on the manufacturer and sometimes the retailer. Product liability is based on the principle that all consumers have a fundamental right to safe and effective products.
As long as the product is proven to be defective, the manufacturer will be held liable for the harm resulting from the defect. Claims may be based on the common law of the states or on the Uniform Commercial Code (UCC).
Under the 1991 Act a product is defective where it fails to provide the safety a person is entitled to expect, taking all circumstances into account, including the presentation of the product, the use to which it can be reasonably be expected to be put, and the time it was put into circulation.
Product liability negligence refers to a company's failure to meet the legal standard of care in the manufacturing or design of a product. The law requires that manufacturers take reasonable steps to ensure that their products are safe for consumers.
Thousands of people are harmed by defective or dangerous products every year. Product liability is the area of the law that governs this type of injury. The burden to recover damages under product liability law is lower than in other personal injury cases. This is because the plaintiff doesn't have to prove negligence.
In Rhode Island, there are four elements needed to prove liability in a product liability claim: That the product was defective or dangerous. That the defective or dangerous product caused the injury. That the particular injury is causally related to the defective or dangerous product.
People who have been injured by defective products may be able to sue a wide range of parties that were involved in the chain of distribution. These may include manufacturers, retailers, wholesalers, suppliers, distributors, and more.