Tech 435 – Legal Aspects of Safety Dr. E. Hansen, CIE Department of Technology NIU-DeKalb, IL.

Product Liability – An Overview Defective or dangerous products cause many thousands injuries a year “Product Liability Law” (PPL) – legal term for rules concerning who is responsible for defective or dangerous products PLL differs from ordinary liability law, & sets rules that may make it easier for an injured person to recover damages

Overview (Continued) Product Liability (PL) refers to manufacturers or sellers being held liable for placing a defective product into the hands of the consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain Manufacturer, manufacturer of component parts, wholesaler, and retailer

Overview (Continued) In general terms, the law requires that a product meet the ordinary expectations of the consumer Products with unexpected defects or danger do not meet the ordinary expectations of the consumer

Overview (continued) There is no federal product liability law PL Claims typically are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty Laws in each state are modeled after the Uniform Commercial Code containing warranty rules affecting product liability

Overview (Continued) Proper Parties Product Defects Design Defects Manufacturing Defects Unavoidable Unsafe Products

Overview (Continued) Common Defenses to Product Liability Cases –File within applicable time limit –Failure to identify the supplier of the product –Plaintiff substantially altered the product –Plaintiff misused the product

Overview - Conclusion Cases are often complex, requiring assistance and testimony of experts Every state has its own laws and specific statutes that will affect a product liability action