Product Liability

Strict products liability

A legal doctrine holding manufacturers liable for defects causing injury, even without negligence.

Manufacturing defect

Occurs when a product departs from its intended design, making the manufacturer liable.

Design defect

A flaw in product design that poses foreseeable risks of harm that could have been avoided by reasonable alternatives.

Warning defect

Occurs when a product has inadequate warnings or instructions.

Assumption of risk

A defense arguing that the plaintiff knew and assumed a risk associated with a product.

Product misuse

A defense claiming that the injury occurred due to the consumer's misuse of the product.

Contributory negligence

A legal defense arguing that the injured party is partially at fault for their own injury.

Comparative negligence

A legal concept where fault is distributed between the manufacturer and the injured party based on their respective negligence.

Commonly known dangers

A defense arguing that certain dangers are well-known and should have been recognized by the consumer.

Negligence in product liability

The old legal standard where liability arises only if the manufacturer was negligent.