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Product Liability

The purpose of this paper is to examine product liability. The first section presents an overview of product liability in business law. The second section considers citations from recent product liability cases. The last section of this paper analyzes the product liability cases cited in section two.

Product liability involves injuries caused by products that are defectively manufactured, processed, or distributed. The liability attaches to those who make a profit in the distribution chain, from the extractors of raw materials and the makers of component parts to the retailers. Originally a product was a chattel only but the courts have regarded houses, condominiums, rental apartments, and even commercial units as products. A product also includes its container, whether sold with the product or not.

The various statutes that govern product liability, such as the Restatement of Torts and the Consumer Product Safety Act, are based on tort law or contract law. The entire product liability law is complicated by the fact that in most states, a single claim can be brought both on tort theories (negligence or strict liability) and on contract theories (such as breach of warranty, either expressed or implied).

Under negligence theory a manufacturer or seller will be

liable for an injury that was foreseeable at the time and that resulted as a lack of due care. In contrast, a manufacturer/ seller will be liable under breach of warranty if harm occurs as a result of a product that is not fit for the purpose it was intended. Under strict liability, the focus shifts from the care taken by the manufacturer/seller to the product itself. That is, a manufacturer/seller can be held liable even if that manufacturer/seller is not at fault in the traditional sense.

The trend in the law of product liability has been to determine who is best able to pay for an injury and to hand down judicial dictates that will facilitate socie...

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Product Liability. (1969, December 31). In LotsofEssays.com. Retrieved 10:26, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1681846.html