Tech 435 – Legal Aspects of
Safety
Dr. E. Hansen, CIE
Department of Technology
NIU-DeKalb, IL.
Product Liability – An Overview
• Defective or dangerous products cause
many thousands injuries a year
• “Product Liability Law” (PPL) – legal term
for rules concerning who is responsible for
defective or dangerous products
• PLL differs from ordinary liability law, &
sets rules that may make it easier for an
injured person to recover damages
Overview (Continued)
• Product Liability (PL) refers to
manufacturers or sellers being held liable
for placing a defective product into the
hands of the consumer.
• Responsibility for a product defect that
causes injury lies with all sellers of the
product who are in the distribution chain
• Manufacturer, manufacturer of component
parts, wholesaler, and retailer
Overview (Continued)
• In general terms, the law requires that a
product meet the ordinary expectations of
the consumer
• Products with unexpected defects or
danger do not meet the ordinary
expectations of the consumer
Overview (continued)
• There is no federal product liability law
• PL Claims typically are based on state
laws, and brought under the theories of
negligence, strict liability, or breach of
warranty
• Laws in each state are modeled after the
Uniform Commercial Code containing
warranty rules affecting product liability
Overview (Continued)
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Proper Parties
Product Defects
Design Defects
Manufacturing Defects
Unavoidable Unsafe Products
Overview (Continued)
• Common Defenses to Product Liability
Cases
– File within applicable time limit
– Failure to identify the supplier of the product
– Plaintiff substantially altered the product
– Plaintiff misused the product
Overview - Conclusion
• Cases are often complex, requiring
assistance and testimony of experts
• Every state has its own laws and specific
statutes that will affect a product liability
action