How Products May Become Unsafe
We all expect that the product we use will be safe. Unfortunately, not all products meet this expectation.
Products may be unsafe because of a defect in design. Even when properly designed, products may also be unsafe because of some defect in their manufacture, construction, or installation. Even when properly designed and free of defects, products may be unsafe because of inadequate warnings, instructions, or labeling.
Types of Product Liability Claims
Product liability claims can be based on negligence, strict liability, or breach of warranty. Manufacturers of products have different liability than sellers.
A product manufacturer is liable in negligence for harm caused by a product that is not reasonably safe as designed or is not reasonably safe because adequate warnings or instructions were not provided. A product manufacturer is subject to strict liability for harm caused by a product that is not reasonably safe in construction or not reasonably safe because it did not conform to express or implied warranties.
A product seller other than a manufacturer is generally only liable for harm caused by a product caused by the negligence of the seller, by breach of express warranty made by the seller, or by an intentional misrepresentation or concealment by the seller about the product.