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Figure 1. Manufacturers and sellers are responsible for manufacturing defects in their products.[\/caption]\r\n\r\nManufacturers have a responsibility to produce products that are reasonably safe in both their intended and anticipated uses. In negligence-based product liability cases, plaintiffs typically make one of three types of claims:<\/p>\r\n
- \r\n\t
- Design defects.<\/strong> This means the product\u2019s design is inherently unsafe or dangerous.\r\n\r\n
- \r\n\t
- Example: Stanley recalled 2.6 million insulated cups when it was discovered that the lid's material shrank when heated, which could cause hot liquid to spill unexpectedly.[footnote]Reuter, Dominick. 2024. \u201cStanley Recalls Millions of Drink Lids after Injury Reports.\u201d Business Insider. December 12, 2024. https:\/\/www.businessinsider.com\/stanley-recall-mug-lid-replacement-injury-reports-2024-12[\/footnote]<\/li>\r\n<\/ul>\r\n<\/li>\r\n\t
- Manufacturing defects.<\/strong> The problem here isn\u2019t the design but something that went wrong during the manufacturing or quality control process.\r\n\r\n
- \r\n\t
- Example: Tesla recalled over 46,000 Cybertrucks because an external panel was attached using the wrong adhesive, making it possible for the part to fall off while driving.[footnote]Lyon, Peter. 2025. \u201cTesla Recalls Nearly Every Cybertruck due to Potential Crash Risk.\u201d Forbes. March 23, 2025. https:\/\/www.forbes.com\/sites\/peterlyon\/2025\/03\/23\/tesla-recalls-nearly-every-cybertruck-citing-loose-metal-panel-issues\/[\/footnote]<\/li>\r\n<\/ul>\r\n<\/li>\r\n\t
- Failure-to-warn defects.<\/strong> The manufacturer or seller acted unreasonably by failing to provide adequate instructions about the product\u2019s use or warn the buyer of potential danger of misuse.\r\n\r\n
- \r\n\t
- Example: Frito-Lay recalled some Lay\u2019s potato chips because the labels didn\u2019t mention that the chips contained milk, a serious problem for people with milk allergies.[footnote]FDA. 2024. \u201cFrito-Lay Issues Limited Recall on Undeclared Milk in Lay\u2019s Classic Potato Chips Distributed in Oregon and Washington.\u201d U.S. Food and Drug Administration. 2024. https:\/\/www.fda.gov\/safety\/recalls-market-withdrawals-safety-alerts\/frito-lay-issues-limited-recall-undeclared-milk-lays-classic-potato-chips-distributed-oregon-and[\/footnote]<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ol>\r\n
In cases like these, companies often issue a product recall to proactively remove unsafe products from the market and prevent harm. Recalls help limit legal liability and protect the company\u2019s reputation.<\/p>\r\n
However, if a company fails to recall a defective product or does so too late, it can still be held legally responsible. Injured consumers can pursue lawsuits even if a recall never happened. The absence of a recall may actually strengthen the plaintiff\u2019s case by suggesting negligence or disregard for customer safety.<\/p>\r\n
In addition to negligence, an injured person can also file a product liability claim where they need\u00a0to show that:<\/p>\r\n
- \r\n\t
- \r\n
the product was defective,<\/p>\r\n<\/li>\r\n\t
- \r\n
the defect existed when it left the manufacturer or seller, and<\/p>\r\n<\/li>\r\n\t
- \r\n
the defect directly caused their injury.<\/p>\r\n<\/li>\r\n<\/ul>\r\n
[ohm2_question height=\"350\"]3884[\/ohm2_question]<\/section>","rendered":" Product Liability<\/h2>\n
Product liability<\/strong> refers to manufacturers\u2019 and sellers\u2019 responsibility for defects in the products they make and sell. A product liability lawsuit may be based on either negligence or strict liability from tort law. Alternatively, a product liability case can be based on misrepresentation or breach of warranty due to contract law. You will learn more about contracts later in this module.<\/p>\n
Figure 1. Manufacturers and sellers are responsible for manufacturing defects in their products.<\/figcaption><\/figure>\n Manufacturers have a responsibility to produce products that are reasonably safe in both their intended and anticipated uses. In negligence-based product liability cases, plaintiffs typically make one of three types of claims:<\/p>\n
- \n
- Design defects.<\/strong> This means the product\u2019s design is inherently unsafe or dangerous.\n
- \n
- Example: Stanley recalled 2.6 million insulated cups when it was discovered that the lid’s material shrank when heated, which could cause hot liquid to spill unexpectedly.[1]<\/sup><\/a><\/li>\n<\/ul>\n<\/li>\n
- Manufacturing defects.<\/strong> The problem here isn\u2019t the design but something that went wrong during the manufacturing or quality control process.\n
- \n
- Example: Tesla recalled over 46,000 Cybertrucks because an external panel was attached using the wrong adhesive, making it possible for the part to fall off while driving.[2]<\/sup><\/a><\/li>\n<\/ul>\n<\/li>\n
- Failure-to-warn defects.<\/strong> The manufacturer or seller acted unreasonably by failing to provide adequate instructions about the product\u2019s use or warn the buyer of potential danger of misuse.\n
- \n
- Example: Frito-Lay recalled some Lay\u2019s potato chips because the labels didn\u2019t mention that the chips contained milk, a serious problem for people with milk allergies.[3]<\/sup><\/a><\/li>\n<\/ul>\n<\/li>\n<\/ol>\n
In cases like these, companies often issue a product recall to proactively remove unsafe products from the market and prevent harm. Recalls help limit legal liability and protect the company\u2019s reputation.<\/p>\n
However, if a company fails to recall a defective product or does so too late, it can still be held legally responsible. Injured consumers can pursue lawsuits even if a recall never happened. The absence of a recall may actually strengthen the plaintiff\u2019s case by suggesting negligence or disregard for customer safety.<\/p>\n
In addition to negligence, an injured person can also file a product liability claim where they need\u00a0to show that:<\/p>\n
- \n
- \n
the product was defective,<\/p>\n<\/li>\n
- \n
the defect existed when it left the manufacturer or seller, and<\/p>\n<\/li>\n
- \n
the defect directly caused their injury.<\/p>\n<\/li>\n<\/ul>\n
- \n
- Failure-to-warn defects.<\/strong> The manufacturer or seller acted unreasonably by failing to provide adequate instructions about the product\u2019s use or warn the buyer of potential danger of misuse.\n
- Manufacturing defects.<\/strong> The problem here isn\u2019t the design but something that went wrong during the manufacturing or quality control process.\n
- Example: Stanley recalled 2.6 million insulated cups when it was discovered that the lid’s material shrank when heated, which could cause hot liquid to spill unexpectedly.[1]<\/sup><\/a><\/li>\n<\/ul>\n<\/li>\n
- Design defects.<\/strong> This means the product\u2019s design is inherently unsafe or dangerous.\n
- \r\n
- Example: Frito-Lay recalled some Lay\u2019s potato chips because the labels didn\u2019t mention that the chips contained milk, a serious problem for people with milk allergies.[footnote]FDA. 2024. \u201cFrito-Lay Issues Limited Recall on Undeclared Milk in Lay\u2019s Classic Potato Chips Distributed in Oregon and Washington.\u201d U.S. Food and Drug Administration. 2024. https:\/\/www.fda.gov\/safety\/recalls-market-withdrawals-safety-alerts\/frito-lay-issues-limited-recall-undeclared-milk-lays-classic-potato-chips-distributed-oregon-and[\/footnote]<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ol>\r\n