Statutes regarding liability for defective products vary from state to state. Most states, however, make defendants that manufacture defective products subject to strict liability instead of mere negligence. Strict liability means that the plaintiff need not prove the defendant is at fault. The plaintiff must prove only that the defendant manufactured a defective product. In […]
by Robert A. Schwartz, Attorney at Law Sept. 26, 2007 Nine-month-old Liam John died of asphyxiation in his crib on April 11, 2005. The drop rail had detached from its plastic track, creating a gap through which Liam slipped feet-first. Instead of falling to the floor, which could have been bad enough, Liam’s head became […]
A massive recall of toys made in two Mattel factories in the Chinese province of Guangdong has raised much concern over both the dangers that the defective toys could have on children and the overall safety of goods imported from China. The recall was made for Mattel’s Fisher-Price unit and included approximately 1.5 million products […]
A plaintiff is allowed to fully recover from an injury caused by a product without having to prove any misconduct by the defendant. The plaintiff must prove only that the injury was caused by a defective product manufactured or sold by the defendant. This is the most common of all product liability cases.
Lea en español Designers, manufacturers and marketers/sellers of goods have a duty to take reasonable measures to ensure that their products don’t pose a risk of harm to anyone using or exposed to them. Liability for the malfunction or harmful effects of a dangerous or defective product extends to anyone in the chain of distribution, […]
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