Product Liability Every day American consumers purchase products that they
feel are beneficial to there development. Where that lies depends on the
consumer. However, One underling variable is a constant when it comes to
purchasing the product. That variable is whether or not the product is right for
them.
When the consumer purchases a product, they are liable for whatever mishaps
may occur and accidents that may happen. But producers are not completely free
from the liability of their product to their consumers. This is where product
liability legal issues come from, a segment of the law which has seen its fare
share of turmoil and difficulties. Product liability is the producer’s
requirement to warn the consumer of and any possible troubles associated with
the product.
This is usually done with a warning label attached to the product, or is
found via flyer form in the instruction manual. Sports and recreational
equipment cause serious injuries everyday. There are many reasons for the cause
of injury, but most cases of injury are due to product defects. These defects
are manufacturing, design, and failure to adequately warn. Besides the product
defects, consumers are exposed to other forms of potential mishaps, which are
negligence, breach of warranty, and strict tort legal responsibility.
Because America is a society largely dependent upon the outside means in
which to entertain themselves, many Americans are changing from the casual
spectator to that of the exuberant participator. Therefore, the number of
accidents associated with products has risen. Subsequently, so have the court
cases and trials.
Product liability comes into play when the product breaks, or doesn’t perform
up to regulation standards set forth by the producer. In more cases than not,
there is some form of injury sustained due to product defect or claims. So in
short, the definition of product liability is the responsibility of the
manufacturer to the user if the use of its product results in personal injury or
property damage (Legal Concepts, 122).
