Understanding Tort Law: Product Liability Basics

Product liability is a field of tort law that concerns the responsibility of the manufacturer or vendor of a product to ensure that products are safe and do not cause injury. It is a type of private law that deals with the rights of individuals to seek redress for harm, as opposed to criminal law, which deals with regulating the conduct of citizens. Product liability law holds manufacturers, distributors, suppliers, retailers, and others who make products available to the public responsible for any injuries those products may cause. This area of law is derived from both tort law and contract law, with the former being more prominent.

Strict liability

Under strict liability, the plaintiff only needs to prove four elements:

• The defendant manufactured, distributed, or supplied a product.
• The product was defective.
• The defect caused injury to the plaintiff.
• The plaintiff sustained damages as a result.

The degree of care exercised by the manufacturer is irrelevant in strict liability claims, as long as the product is proven to be defective. This means that even if the manufacturer was not negligent in making the product defective, they can still be held liable under strict liability.

Negligence

To establish negligence in a product liability case, a plaintiff must typically prove five basic elements:

• The manufacturer owed a duty of care to the plaintiff.
• The manufacturer breached this duty.
• The breach of duty was the actual and proximate cause of the plaintiff's injury (i.e., but for the manufacturer's negligence, the plaintiff would not have been injured).
• The breach proximately caused the injury.
• The plaintiff suffered actual damages as a result of the negligent act.

The standard of care required of manufacturers is that of a reasonable person in similar circumstances, specifically, an expert in manufacturing similar products. This means that manufacturers are expected to exercise reasonable care in designing, manufacturing, and providing instructions and warnings for their products to ensure they are safe for consumer use.

If a manufacturer breaches this duty of care and their product causes harm, they may be held liable for negligence. This means they may be legally responsible for compensating the injured party for damages, including medical expenses, lost earnings, property damage, pain and suffering, and emotional distress.

It's important to note that negligence claims in product liability can be complex, and the specific requirements may vary depending on the jurisdiction. Additionally, other defences such as contributory negligence, comparative negligence, assumption of risk, and misuse may also come into play, potentially reducing or negating the manufacturer's liability.

Breach of warranty

Product liability law gives consumers the ability to sue for and recover damages from manufacturers, distributors, vendors, suppliers, and retailers for injuries resulting from accidents caused by their products. This area of law also holds these parties responsible for any injuries caused by their products.

There are three types of breach of warranty products liability claims:

• Breach of an express warranty: Express warranties are specific guarantees or promises made by a seller about the product's performance. They are usually set forth in a sales contract but can also be conveyed through the seller's oral statements. Express warranties may also appear in the product's label or packaging, instructions, paperwork, signs and marketing at the store, and advertising.
• Breach of an implied warranty of merchantability: This is a guarantee that the product does not have design defects, manufacturing defects, or improper labels. It implies that the product is fit for the purposes for which that product or similar products are sold.
• Breach of an implied warranty of fitness for a particular purpose: This arises when a seller knows that a consumer is buying a product for a specific purpose and is relying on the seller's skill and judgment in choosing the right product. The product does not need to be defective to violate this warranty.

In a breach of warranty lawsuit, the plaintiff must prove that the product in question directly caused their injuries. They may also have to follow state and federal guidelines, as product warranties are covered by both state and federal laws. Additionally, state laws may have different regulations and limitations that apply to breach of warranty cases.

It is important to note that manufacturers can disclaim warranties that have been implied under state laws, but they must use specific, clear, and apparent language to do so.

Misrepresentation

There are three types of misrepresentation:

• Fraudulent Misrepresentation: The manufacturer or salesperson knowingly makes a false statement with the intention to mislead the consumer about the product's safety, effectiveness, or quality. This is an intentional form of misrepresentation, and a finding of intentional misrepresentation is rare as it is difficult to prove the intent of the manufacturer or seller.
• Negligent Misrepresentation: The manufacturer or salesperson makes a false statement without intending to do so, typically due to negligence in ascertaining the truth of the statement.
• Strict Liability Misrepresentation: Some jurisdictions allow for strict liability in instances where a manufacturer makes a public statement about the safety of a product, even if there was no intention to mislead.

A claim based on misrepresentation in product liability may be brought in conjunction with a claim under product liability law. For example, in the case of Sun Chemical Corp. v. Fike Corp., the New Jersey Supreme Court ruled that claims for express or affirmative misrepresentations under the New Jersey Consumer Fraud Act (NJCFA) may be brought simultaneously with claims under the New Jersey Product Liability Act (NJPLA).

It is important to note that the specific laws and procedures regarding misrepresentation in product liability may vary depending on the jurisdiction.

Defective products

There are three main types of defects that can give rise to product liability lawsuits:

• Manufacturing defects: These occur during the construction or production process, affecting a single product or an entire production run. They cause the product to deviate from its intended design specifications.
• Design defects: These exist when an entire class of products is inadequately planned, posing unreasonable hazards to consumers. Even if the product is built as intended, the design itself is flawed.
• Communication/Marketing defects: These occur when manufacturers fail to provide proper instructions, warnings about latent dangers, or accurate claims about the product's quality and performance.

In a product liability lawsuit, the plaintiff must prove that the product was defective and that this defect was the proximate cause of their injury or damages. The plaintiff's recovery can include compensation for lost earnings, medical expenses, physical impairment, emotional distress, and other economic and non-economic losses.

The law imposes strict liability on manufacturers and sellers, making them responsible for defective products that cause harm, regardless of fault. This means that the plaintiff does not need to prove negligence or imprudence; they only need to establish causation and damages. However, the defendant can refute the claim by disproving the existence of a defect or showing that the plaintiff's misuse of the product caused the harm.

Frequently asked questions