Steven Lie GBS 205 Mark Barton
The liability of any or all parties along the chain of manufacture of any product for damage caused by that project What is Product Liability?
Producer of the raw material used in the product Assembling Manufacture Retailer / Wholesaler Owner of the retail store The Chain of Product Liability
Tangible Products Intangible products (gas) Natural (pet) Real estate (house) Writing (navigational charts) Example of Product Liability
Breach of Warranty Negligence Strict Liability Theories
Breach of warranty is based on contract law A contract between vendor and consumer Breach of Warranty
Types of warranties Breach of express warranty theory The plaintiff claimed the violation of the actual written warranty associated with a product Breach of implied warranty theory The plaintiff claimed that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended Breach of Warranty
Negligence means Lack of ordinary care The plaintiffs have to find people who are responsible for the product being defective Negligence
Product liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale Strict Liability
Design Defects Manufacturing Defects Marketing Defects Product Defect
Occurs when product is hazardous to be used Do not arise from some error, but majority Design Defects
Defects arise from the manufacturing process It is usually not intended (error making) Manufacturing Defects
The producer forget to remind the user about the danger of the product The producer fail to give the instruction or warning Marketing Defects
State Law Uniform Commercial Code (UCC) – article 2 Law Regarding Product Liability
Affect in Business
Case 1
Case Analysis
Case 2
Case Analysis 2
Conclusion