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Product Liability

Product liability is the legal responsibility of a manufacturer or seller for injuries caused by a defective product.

What it actually is

In a court case, product liability arises as a claim that a product was unreasonably dangerous due to a design defect, manufacturing defect, or failure to provide adequate warnings. The plaintiff must prove the product was defective and that the defect directly caused the injury. This claim can appear in personal injury or property damage lawsuits, and in many states it does not require proof of negligence.

Why it matters in your case

For someone facing a case, product liability matters because it may allow the injured party to recover without proving the manufacturer acted carelessly, only that the product was defective. Practically, this shifts the focus of the lawsuit to the product's condition and the adequacy of its warnings, rather than the defendant's conduct.

The common misunderstanding

A common misunderstanding is that product liability only applies if the buyer used the product exactly as intended; in reality, reasonably foreseeable misuse is often still covered. Another is that only the purchaser can sue—bystanders or others harmed by a defective product can also bring a claim.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.