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What is Product Liability

What is Product Liability. By Lauren Woodliff For. Product Liability. The liability of any or all parties along the chain of manufacture of a product for the damage or injury caused by that product. Chain of manufacture. Top of chain – manufacturer of component parts Middle ---

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What is Product Liability

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  1. What is Product Liability By Lauren Woodliff For

  2. Product Liability The liability of any or all parties along the chain of manufacture of a product for the damage or injury caused by that product.

  3. Chain of manufacture Top of chain– manufacturer of component parts Middle--- assembling manufacturer; wholesaler Bottom of chain---- retail store owner

  4. Products • More than tangible personal property • Product liability has stretched the definition to include: • Intangibles such as gas • Naturals such as pets • Real estate • Writings such as navigational charts

  5. For a Suit Products must be proven: • Defective • To have caused harm to a consumer of the product, or someone to whom the product was loaned, given, etc.

  6. Product Defects • Design Defect • Inherent defect, design flaw • Manufacturing Defect • Defect in the construction or production • Marketing Defect • Defects in the instructions of a product; or failure to warn of latent dangers

  7. Products Liability Claims Based on: • Negligence- • Someone in chain of manufacture did not exercise their duty of care. • Strict Liability- • Regardless of care, if product is shown to be defective, he or she responsible for the area of defect is liable. • Breach of Warranty- • Express Warranty • Implied Warranty

  8. Express Vs. Implied Express Warranty- Expressed written or orally. • Usually expressed as “limited” warranties for a specific period of time.

  9. Express Vs. Implied Implied Warranty- The nature of the transaction. • Implied Warranty of Merchantability: A product must conform to the standards of an “ordinary buyer”. There should be no hidden defects. Example: If a car does not run, a merchant can not sell it as if it does unless it is sold “as is” or “with all faults”. • Implied Warranty for a Particular Purpose: When a buyer relies on the seller to select a particular good to serve a purpose.

  10. Discuss • What are some examples of products that have been recalled due to defect? • What products around your house have warning labels? • Why do you think certain products require warning labels?

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