What is strict product liability in the US?
Under Restatement (Second) of Torts 402A, a seller of a defective and unreasonably dangerous product is liable for injuries it causes even if the seller exercised all possible care. The plaintiff need not prove negligence — only that the product was defective when it left the defendant's control and that the defect caused the injury. Most states adopt this rule.
What are the three types of product defects?
(1) Manufacturing defects — the individual unit departs from its design; (2) design defects — the entire product line is unreasonably dangerous, tested by consumer-expectations or risk-utility (safer alternative) analysis; and (3) marketing defects (failure to warn) — inadequate warnings or instructions about foreseeable, non-obvious hazards.
Who can be sued in a product liability case?
Everyone in the chain of distribution: the manufacturer, component-part makers, wholesalers, distributors, and retailers. Strict liability applies to all commercial sellers, so an injured plaintiff can recover from any solvent defendant in the chain, who may then seek indemnity from others.
Does comparative fault apply to product liability?
Yes, in most states. If the plaintiff misused the product, ignored clear warnings, or altered it, the award can be reduced by their percentage of fault (or barred in modified-comparative and contributory states). Product misuse that was unforeseeable can be a complete defense.