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Dangerous and Defective Products

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.  Although the word “product” has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.
Theories of liability
In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims.  The majority of product liability laws are determined at the state level and vary widely from state to state.  Each type of product liability claim requires different elements to be proven to present a successful claim.
Breach of warranty
Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction.  Warranty claims commonly require privity between the injured party and the manufacturer or seller; in plain English, this means they must be dealing with each other directly.  Breach of warranty-based product liability claims usually focus on one of three types:  (1) breach of an express warranty, (2) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness for a particular purpose.  Express warranty claims focus on express statements by the manufacturer or the seller concerning the product (e.g., “This chainsaw is useful to cut turkeys”).  The various implied warranties cover those expectations common to all products (e.g., that a tool is not unreasonably dangerous when used for its proper purpose), unless specifically disclaimed by the manufacturer or the seller.
A basic negligence claim consists of proof of a duty owed, a breach of that duty, the breach was the cause in fact of the plaintiff’s injury (actual cause)
the breach proximately caused the plaintiff’s injury, and the plaintiff suffered actual quantifiable injury (damages).
Strict liability
Strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective.  This theory of liability is applied to specific inherently dangerous products.