The Product Liability Act holds companies responsible for damages caused by defective products, with manufacturers and sellers strictly liable for damages. The defect must have existed at the time the product left their control and caused harm in a reasonably foreseeable way. The law does not apply if the consumer modifies the product or uses it in an unforeseeable way. The modern theory of liability eliminates the need for proving negligence.
The Product Liability Act is a law that holds companies liable for damages caused by defective products. Generally the manufacturer or seller of a defective product will be held liable so long as the defect existed at the time the product left the party’s control. Furthermore, there is a general requirement that the defect must have caused the consumer harm while the consumer was using the product in a reasonably foreseeable way. The modern theory of liability for defective products gives manufacturers and sellers strict liability for damages caused by defective products, i.e. the consumer does not have to prove that the manufacturer or seller was negligent to recover the damage suffered .
According to product liability law, the product must be defective at the time it left the manufacturer’s or seller’s control. For example, if a consumer buys a lawn mower that has a blade that is defective at the time of purchase and is subsequently injured by that blade, he or she could recover under product liability law. However, if the same consumer makes a modification to the lawn mower after purchasing the item, causing the blade to become loose and resulting in injury, neither the manufacturer nor the seller can be held liable for the damage.
The damage to the consumer must have occurred during the use of the product in a reasonably foreseeable way in order for the consumer to recover the damage suffered under the Product Liability Act. Continuing the previous example with the ride-on mower, a scenario can occur where the consumer drives the mower down a rocky dirt road and the blade hits a rock, breaks, and cuts their leg. If the court finds that driving the lawnmower along the road is not reasonably foreseeable use, the consumer will not recover under the product liability law.
Modern product liability law in most jurisdictions has eliminated the requirement for an injured consumer to prove that the manufacturer or seller of the product was negligent. Rather, the manufacturer or seller is usually held strictly responsible for such damage. The rationale behind this concept is that the individual consumer should not bear the risk that the product is safe when it leaves the manufacturer or seller.
Protect your devices with Threat Protection by NordVPN
