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Product LiabilityWhat is Product Liability?Have you ever heard about a car being recalled for the repair ofdefective parts at no cost to the owner? Did you ever read in the newsabout a food, drug, or other item being recalled because it was unsafe?Such recalls occur because manufacturers and sellers have productliability.Example 5. In 2001, Firestone Tire and Rubber Companyrecalled thousands of tires mounted on sport utility vehicles andgave customers new tires. Defects in the tires may have causedmany motor vehicle accidents.Under product liability law, someone who is injured from a product’sunsafe or defective condition may recover damages. Manufacturers,sellers, and suppliers of goods can all be held responsible.Strict LiabilityYou do not have to prove a negligent act on the part of the manufactureror seller if you are hurt using a defective product. Strictliability makes manufacturers or suppliers responsible for selling goodsthat are unreasonably dangerous. This is true even when the manufactureror seller has not been negligent. It is also true when the user of theproduct is not the one who bought the item. People who are injured orwho suffer property damage from a defective product may recover fromthe manufacturer or seller if they can prove all of the following:l The manufacturer or seller was engaged in the business of sellingthe product.l The product was unreasonably dangerous to the user or consumer.l The defective condition was the cause of the injury or damage.l The defective condition existed when the product left the hands ofthe manufacturer or seller.l The consumer suffered physical harm or property damage as a resultof using the product.l How to differentiatebetween productliability and strictliabilityl How to describe thepurpose of theConsumer ProductSafety Actl How to identify theprohibitions containedin the Food, Drug, andCosmetic Actl How to determinewhere to get consumerprotection assistanceLearning about productliability law will help youtake effective action ifyou or a family membersuffers injury from faultyproducts.l product liabilityl strict liabilityl adulteratedl intrastate salesThe defective condition may arise through faulty product design orfaulty manufacturing. Inadequate warning of danger and improperinstructions for the product’s use are also considered defects.Chapter 15: Consumer Protection and Product Liability 327