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

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