| Limiting Consumers' Recovery in Products Liability Lawsuits |
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| Strict products liability is a legal doctrine that imposes liability for personal injury and property damage caused by defectively designed or manufactured products. The manufacturer or seller of such products is held responsible if the product injures a consumer who buys or uses the product. More... |
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| Defenses in Products Liability Lawsuits |
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| Products liability is an area of law that covers personal injuries and property damage caused by defective products. A product might be defective because it was improperly designed or manufactured. If a defective product causes personal injuries or property damage, anyone involved in the manufacture or distribution of the product might be liable for injuries caused by the defect. In many states, you can sue the manufacturer, the wholesaler, the distributor, or the store where the defective product was purchased. There are several defenses that can be raised in a products liability lawsuit. This article covers the following defenses: statutes of limitations, contributory negligence and comparative negligence, product misuse and assumption of risk. More... |
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| Causation in Products Liability Lawsuits |
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| Products liability is an area of the law which deals with personal injury and property damage that results from a defective product.
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| Manufacturing Defects |
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| Product liability claims arise when a manufacturer or seller puts a defective product in the hands of a consumer. A product liability claim can be based on a manufacturing defect. A manufacturing defect occurs when there is a mistake in the manufacturing process. That is, the product does not turn out the way the manufacturer planned. A manufacturing defect can occur when one item is made incorrectly, such as a child carrier that is missing a latch mechanism, or when all items of one type are made incorrectly, such as when tires are manufactured with inferior materials.
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| The Restatements of Law |
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| Our common law developed from unwritten English law, which was based on tradition and custom. English common law is the foundation of our federal law and the law of all states, except Louisiana (which is based on French Civil Law). The most important characteristic of common law is that it is judge-made law rather than statutory or constitutional law. Under the common law system, current cases are decided using the precedents established by past judicial decisions.
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