Understanding Product Liability Law

The liability of any or all of the the parties involved in the chain of manufacture of any product for the damage caused by that product is called product liability. The manufacturer of component parts, the assembly manufacturer, the wholesaler or retail store owner can be responsible for product liability.

Negligence

Negligence is the basis for product liability claims. The concept of negligence was developed under English Law and emerged as an independent cause of action in the download (1)18th century. Negligence is defined as conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. It involves the failure to use reasonable care and in some cases, negligence is defined by statute, known as Negligence Per Se. Some acts are considered to be inherently negligent and do not require to prove the negligence was known or intended, when for example a doctor leaves a sponge inside their patient during surgery.

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Comparative Fault System. Comparative And Contributory Negligence for Personal Injury Lawsuits

neglThe concept of “negligence” is defined asconduct that falls below the standards of behavior” established by law for the protection of others against unreasonable risk of harm. Comparative fault system includes three basic rules:

  • Pure Contributory Negligence Rule
  • Pure Comparative Fault Rule
  • Modified Comparative Fault Rule

indexThe term of Pure Contributory Negligence defines at what degree the plaintiff is negligent for their own injury. If the plaintiff is found even 1% at fault, no damages can be recovered (i.e. being hit by the car while crossing the road in the wrong place). Only 5 states recognize the Pure Contributory Negligence Rule: Alabama, District of Columbia, Maryland, North Carolina and Virginia.

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