Product Manufacturer Liability for Consumer Injuries
A product seller that designs, makes, constructs, builds, or fabricates a product—or some part of a product—is a “product manufacturer”. Unlike other product sellers, manufacturers are subject to “strict liability” for the injuries their products cause. This means a consumer does not need to show the manufacturer acted unreasonably or failed to exercise reasonable care in actions it took. Instead, to recover for injuries that a product caused, the consumer must show the manufacturer’s product (1) was not reasonably safe as it was designed; (2) was not reasonably safe because it did not include adequate warnings/instructions; (3) was not reasonably safe as it was constructed; or (4) was not reasonably safe because it failed to conform to manufacturer warranties.
Unsafe Design. To prove a product manufacturer is liable because its product was not reasonable safe as designed, a consumer must show that the likelihood and seriousness of potential injuries to consumers were high enough to outweigh the burdens a manufacturer would face in designing the product to function in a way that would have avoided those injuries while remaining useful. Because this cost-benefit analysis involves intricate scientific and engineering considerations, the consumer will generally need to present expert testimony to make the showing. Ultimately, the jury will need to determine whether a product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.
To prove this claim, however, a consumer need not show the consumer purchased the product or had any kind of contractual relationship with the manufacturer.
Unsafe or Inadequate Warnings and Instructions. To prove that a product manufacturer is liable because its product did not carry sufficient warnings or instructions, a consumer must show the likelihood and seriousness of potential injuries to consumers was high enough as to render the warnings or instructions provided inadequate, and that the manufacturer could have provided the warnings or instructions that the consumer claims it should have.
Moreover, a consumer may also prove the manufacturer is liable for failure to provide warnings or instructions on products it has already manufactured. To do so, the consumer must show that the manufacturer learned or should have learned about a danger connected with the product after it was manufactured but failed to provide adequate warnings or instructions despite the dangers.
As with proving an unsafe design, proving a manufacturer provided inadequate warnings and/or instructions will involve scientific and engineering considerations that will generally require the use of expert witness testimony. And, as with proving an unsafe design, a jury must ultimately determine whether a product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.
To prove this claim, however, a consumer need not show the consumer purchased the product or had any kind of contractual relationship with the manufacturer.
Unsafe Construction. To prove a manufacturer is liable because its product was not reasonable safe as constructed, a consumer must show that when the product left the manufacturer’s control, it deviated in some material way from the manufacturer’s design specifications or performance standards or from otherwise identical units of the same product line. As with the other claims above, expert witness testimony will generally be needed, and a jury must ultimately determine whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.
To prove this claim, as above, a consumer need not show the consumer purchased the product or had any kind of contractual relationship with the manufacturer.
Warranties. To prove that a manufacturer is liable because its product was not reasonable safe because it did not conform to warranties, a consumer must show a product does not conform to a material warranty that was a part of the reason the consumer purchased the product. As with the other claims above, expert witness testimony will again generally be needed, and a jury must ultimately determine whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.
However, unlike the other issues above, these types of claims may require a closer relationship between the consumer and manufacturer, such as a contractual relationship or direct sale.