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Product liability law compensates consumers for damage caused by defective products. Burden of proof varies by jurisdiction. In the US, plaintiffs must prove fault, while in the EU, fault need not be proven. Design defects require proof of inherent problem, manufacturing defects require proof of error, and failure to notify requires adequate warning. In the US, negligence is the standard of guilt, while in the EU, strict liability applies.
Product liability law focuses on compensating consumers who have suffered product liability damage. Liability for defective products is a very complex area of law which requires a different burden of proof depending on the jurisdiction. In the United States, for example, a plaintiff must prove fault on the part of the designer, manufacturer, distributor or retailer. In the United States, a product liability injury can be proven by proving a design defect, manufacturing defect, or failure to give notice. In the European Union, on the other hand, product liability damage is recoverable without proving fault.
In order to prove a product liability injury as a result of a design defect, the plaintiff must demonstrate that there was an inherent problem with the basic design of the product. The plaintiff must prove that all products manufactured with a particular design were defective because the design itself is defective. Additionally, the plaintiff must prove that he was injured as a result of the product design flaw.
Manufacturing defects differ from design defects in that not all products will be defective. A manufacturing defect is something that was caused during the manufacturing of the product and therefore usually only affects a small percentage of the products. A plaintiff must prove that an error was made somewhere in the manufacturing process that caused a defect to be created in the final product. This defect must therefore have caused the plaintiff’s injuries.
Failure to notify a product liability case is somewhat different from cases of design or manufacturing defect. Some products are inherently dangerous despite the manufacturer’s best efforts to make them safe. Cleaning products, for example, contain chemicals that are extremely dangerous if inhaled or swallowed, but they are necessary for the product to serve its intended purpose. For products like these, the manufacturer must adequately warn the consumer of the product’s dangers. If adequate warning has not been provided and a consumer has been injured, the manufacturer can be held liable.
In the United States, the standard of guilt is negligence. Negligence requires the plaintiff to show that the defendant, in this case the manufacturer, designer, supplier or retailer, did not do what a reasonably prudent person would have done under the same circumstances. Within the European Union, a plaintiff does not have to prove negligence. Product liability cases in the European Union are strict liability cases, which means that all the plaintiff has to prove is that he was injured by the product.
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