Product liability is a doctrine that gives plaintiffs a cause of action if they find a defective consumer item. This doctrine can be considered negligent, but it is generally associated with strict liability, which means that defendants can be held liable regardless of their intent or knowledge. Liability for defective products is generally considered a strict liability crime. With respect to liability for defective products, the defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent.
It is irrelevant that the manufacturer or supplier acted with the utmost care; if there is a defect in the product that causes damage, they will be responsible for it. The UCC is a model law that was developed by a private organization, the Uniform Code Congress, to align divergent state laws. The defendant may also present additional facts and arguments that, if true, could frustrate or mitigate the plaintiff's claim, even if everything they claim were true; for example, showing that the person caused their own injury by using the product in a manner that was patently unreasonable or unexpected. For more information on product liability in general, see this note from Harvard Law Review, this note from Harvard Law Review, and this note from Notre Dame Law Review.
This report provides an introduction to the basic concepts of product liability legislation, including the historical development of the law, the common elements of product liability lawsuits, the legal theories on which these lawsuits are based, the types of product defects, the people involved in product liability lawsuits, available damages, and liability defenses. Reformulations are publications prepared by a private legal organization, the American Law Institute (ALI), whose purpose is to present an orderly statement of the general law of the United States. It is universally recognized that a manufacturer is not an insurer against all injury risks related to a product and will not be responsible for injuries caused by a properly functioning product. The purpose of this law was to provide a model that state legislatures could use to pass their own state product liability laws.
A subset of contract law is sales law, which deals with regulating business transactions. To allow the orderly sale of goods between people from different states, all states, except Louisiana, have incorporated the Uniform Commercial Code (UCC) into their state laws. This is important because there are different rules of procedure and substantive law that apply to each field of law. Under this doctrine, an injured person could only bring legal action against the manufacturer or seller of a product for their injuries if they had a direct contractual relationship with the manufacturer or seller.
Product liability law is a type of private law that deals with the definition, regulation, and enforcement of rights between individuals, associations, and private corporations. They can directly refute the facts and arguments presented by the person who initiated the lawsuit; for example, by showing that they did not manufacture or sell the allegedly defective product, that the product was not defective, or that the product defect was not the immediate cause of the plaintiff's injuries.