Question

In: Accounting

When can a plaintiff file a strict liability complaint?

When can a plaintiff file a strict liability complaint?

Solutions

Expert Solution

if a person for his own purpose brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable for all the damage which is natural consequence of its escape". Basically Strict liability in tort is the concept that in certain situation a defendant is liable for plaintiff's damages without any requirement on the part of the plaintiff to prove that the defendant was negligent

Detailed Discussion

Defective or dangerous products are the cause of thousands of injuries every year in the U.S. "Product liability law" is the set of legal rules concerning who is responsible for defective or dangerous products but they are different from ordinary injury law. This set of rules sometimes makes it easier for an injured person to recover damages.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.

There is no federal product liability law. Typically, product liability claims are based on state laws and brought under the theories of negligence, strict liability, or breach of warranty. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.

Product Defects: Responsible Parties

For product liability to arise, at some point the product must have been sold in the marketplace. Historically, a contractual relationship, known as "privity of contract," had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.

Liability for a product defect could rest with any party in the product's chain of distribution, such as:

The product manufacturer;
A manufacturer of component parts;
A party that assembles or installs the product;
The wholesaler; and
The retail store that sold the product to the consumer.
For strict liability to apply, the sale of a product must be made in the regular course of the supplier's business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

Types of Product Defects

Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

Design Defects - Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
Manufacturing Defects - Those that occur in the course of a product's manufacture or assembly.
Marketing Defects - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.
Who's Responsible?

FINDLAW NEWSLETTERS

Stay up-to-date with how the law affects your life
Enter your email address:


Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The doctrine, known as "res ipsa loquitur," shifts the burden of proof in some product liability cases to the defendant(s). Translated, this Latin term means "the thing speaks for itself," and indicates that the defect at issue would not exist unless someone was negligent. If the doctrine is successfully invoked, the plaintiff is no longer required to prove how the defendant was negligent; rather, the defendant is required to prove that it was not negligent.

The second rule that helps plaintiffs in product liability cases is that of strict liability. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective. By eliminating the issue of manufacturer fault, the concept of no-fault, or "strict" liability allows plaintiffs to recover where they otherwise might not.

Unavoidably Unsafe Products

By their nature, some products simply cannot be made safer without losing their usefulness. For example, an electric knife that is too dull to injure anyone would also be useless for its intended purpose. It is generally believed that, as to such products, users and consumers are the best equipped to minimize risk. Thus, while a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding them.

Common Defenses to Product Liability Claims

A defense often raised in product liability cases is that the plaintiff has not sufficiently identified the supplier of the product that allegedly caused the injury. A plaintiff must be able to connect the product with the party(ies) responsible for manufacturing or supplying it. There is an exception to this rule, known as the "market share liability" exception, which applies in cases involving defective medications. Where a plaintiff cannot identify which of the pharmaceutical companies that supply a particular drug supplied the drug he/she took, each manufacturer will be held liable according to its percentage of sales in the area where the injury occurred.

Another defense a manufacturer might raise is that the plaintiff substantially altered the product after it left the manufacturer's control, and this alteration caused the plaintiff's injury. A related defense is that the plaintiff misused the product in an unforeseeable way and that his/her misuse of the product cause the injuries alleged.

Need Help With a Product Liability Claim? Call an Attorney

Product liability actions are quite complex, and establishing legal fault often requires the assistance and testimony of experts. Additionally, every state has its own laws and specific statutes that will affect product liability action.

If you or a loved one has suffered an injury caused by a potentially defective product, an experienced product liability attorney will be able to answer your questions and protect your interests. Learn more about state-specific laws on our products liability legal answers page.


Related Solutions

IFRS has strict rules that if a liability is a current liability at the end of...
IFRS has strict rules that if a liability is a current liability at the end of the accounting period then it is a current liability on the balance sheet. GAAP gives more leeway in that if a company has the ability and the positive intent to refinance a current liability then it can list it as a long term liability. Discuss the pros and cons of each approach. Choose the method you think is preferable and justify your choice.
Disciplinary Process File Complaint Include in detail the process of filing a complaint. Process of an...
Disciplinary Process File Complaint Include in detail the process of filing a complaint. Process of an Investigation Describe in detail the process of the investigation. Process of a Hearing Describe in detail the process of a hearing. Types of Disciplinary Actions Do not simply list the types of disciplinary actions but include an explanation and/or example of each. New Mexico Board of nursing.
how can you reduce your tax liability and/or avoid paying taxes when you file this year...
how can you reduce your tax liability and/or avoid paying taxes when you file this year legally
1.What is strict liability and how does it apply to product's liability? 2.What is mens rea...
1.What is strict liability and how does it apply to product's liability? 2.What is mens rea and why is it important in criminal law?
Explain in detail, giving examples, of strict liability for a breach of an implied warrantly and...
Explain in detail, giving examples, of strict liability for a breach of an implied warrantly and strict liability for breach of an express warrantly as they relate to product liabilty matters?
Should the law impose strict liability in tort on stores and store clerks for the sale...
Should the law impose strict liability in tort on stores and store clerks for the sale of alcohol to minors? Be sure that your answer addresses the numerous goals of tort law and how these goals either support strict liability or argue against imposing this type of liability. Please also be sure to respond to two classmates regarding their posts per the Discussion Board policy listed in the Syllabus and as outlined in Rubrics and Course Activities within the Course...
Explain what “strict liability” is in the context of a tort. Why shouldn’t all torts be...
Explain what “strict liability” is in the context of a tort. Why shouldn’t all torts be based upon the concept of strict liability? Explain.
Explain the elements of negligence and strict liability, and describe any differences between the two terms....
Explain the elements of negligence and strict liability, and describe any differences between the two terms. Define the terms crime and white-collar crime. Detail the difference between who typically commits these types of crimes. Provide an example of each. Define slander and libel, and explain how the two defamation types are related. Provide examples for each. Explain a Ponzi scheme, and explain whether someone has to engage in insider trading to carry out the scheme.   Thank you
10. Select all true statements with respect to a claim for Strict Product Liability: Group of...
10. Select all true statements with respect to a claim for Strict Product Liability: Group of answer choices A. An injured consumer must prove that the product was in a defective condition which rendered it a unreasonably danger to the user or consumer. B. The seller is liable only if it is in the business of selling the type of product that injured the consumer. C. The seller has a complete defense to any claims if it can show that...
Negligence and Strict Liability-But What If... A Rock Climbing company, Rocky’s, takes many customers on rock...
Negligence and Strict Liability-But What If... A Rock Climbing company, Rocky’s, takes many customers on rock climbing expeditions on the northern rim of the Grand Canyon. When James and Jenny signed up for an expedition, they were warned that rock-climbing was a dangerous activity. Additionally, James and Jenny signed a contract stating that during the climbing, they could possibly suffer from injury and, in the worst case scenario, death. The contract stated that James and Jenny assumed the risks posed...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT