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What is product liability?

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:

  1. The defendant is the commercial seller/assembler/OEM/brand owner of the product.
  1. The plaintiff is the consumer or user of the product.
  1. The plaintiff suffered injuries and/or damages.
  2. When the defendant sold the item, the item was already defective.
  1. The product defect is the actual/approximate cause of the damages and/or injuries suffered by the plaintiff