Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer (at the top of the chain), the wholesaler, and the retail seller (at the bottom of the chain). Products containing inherent defects that cause harm to the purchaser of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.
There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Defects in marketing deal with improper instructions and failures to warn purchasers of latent dangers in the product.
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. A defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
This form does not contain any warnings regarding latent dangers. The description of such dangers will vary from product to product. Some warnings are put on labels or material that comes with the product. Some are place in the sales contract. The safest course of action is to place any such warning in all three places.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
