Chapter 10 Product Liability I. Definition of Product Liability



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Chapter 10

Product Liability

I. Definition of Product Liability

Manufacturers and anyone in the chain of product distribution can be legally liable for defective products that cause injury to the purchaser, a user or bystander, or their property. Most states have adopted strict product liability, whereby an injured person may recover damages without showing that the manufacturer was negligent or otherwise at fault without a contractual relationship.


II. Theories of Recovery

The primary theories on which a product liability claim can be brought are breach of warranty, negligence, and strict liability.


A. Breach of Warranty

In a warranty action, the question is whether the quality, characteristics, and safety of the product were consistent with the implied or express representations made by the seller.


1. UCC Warranties  may be either express or implied for merchantability or fitness for a particular purchase, as set forth in Chapter 8.



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