What is product liability?
By definition, the civil tort of product liability refers to the liability shared by all parties involved in the chain of manufacturing of a product for the damages caused by that product. Applicable parties include:
- the manufacturer of parts such as the Original Equipment Manufacturer;
- the product assembler
- the wholesaler
- the retailer and every other constituent
Products causing harm or damage due to manufacturing defects to a consumer can be subject to product liability suits. Prima Facie conditions are as follows:
- The defendant is the commercial seller/assembler/OEM/brand owner of the product.
- The plaintiff is the consumer or user of the product.
- The plaintiff suffered injuries and/or damages.
- When the defendant sold the item, the item was already defective.
- The product defect is the actual/approximate cause of the damages and/or injuries suffered by the plaintiff