Product Liability

Product liability describes the liability of manufacturers and sellers of products when product defects cause injury or property damage to consumers, users, or bystanders. The bases for product liability include negligence, misrepresentation and reckless misconduct. Negligence is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. Misrepresentation is a false statement of fact or an action that deceives. Misrepresentation may be either fraudulent or nonfraudulent. Fraudulent Misrepresentation is any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intent to induce the buyer's reliance and upon which a reasonable person would and does rely to his or her detriment. Nonfraudulent misrepresentation is the same as fraudulent misrepresentation except that it is made innocently. Elements of misrepresentation include material fact, intent to induce reliance, justifiable reliance, causation and damages. Reckless misconduct is an act, or a failure to act when there is a duty to do so, in reckless disregard of another's rights, coupled with the knowledge that injury or property damage will probably result. Punitive Damages may be awarded in addition to actual damages when the defendant acted with recklessness, malice or deceit. 

Some product liability issues may fall under the category of Strict liability. Strict liability is liability regardless of intent or reasonable care. Requirements of strict liability for products include defective condition, unreasonably dangerous because of condition, physical harm, and proximate cause with the caveat that there may be no substantial alteration to the product. Types of product defects include defects in the manufacturing process, design defects and inadequate warning. A product is unreasonably dangerous when it is dangerous beyond the expectation of the ordinary consumer and a less dangerous alternative is possible and economically feasible.