Product Liability Law:
Product Liability Law is an offshoot of Tort Law that focuses on imposing liability on parties involved in manufacturing a product that causes damage. Drawing on Tort Law, Product Liability Law falls under strict liability torts, meaning that the defendant's intent does not matter when determining liability in a lawsuit. It is also important to understand that a “product” does not necessarily have to be tangible personal property and can include things like gas. Product Liability Law can ultimately vary from state to state and there is no current federal law that regulates it, leading to a lack of uniformity (although there have been efforts to do so).
Most product liability cases are based on some kind of defect, which can exist inherently within the design, during the manufacturing of the good (A few out of the many produced have a defect), or during the marketing of the good (improper instructions). However, even when a product is defective, there are still some exceptions established through the Risk-Utility Test and the Consumer Expectation Test. The Risk-Utility Test states that if the product’s utility outweighs the risks, the defendant would not be held liable. Additionally, the Consumer Expectation Test states that if the consumer was not using the product in a reasonable manner, the defendant cannot be held liable even if the product was defective.
Toxic Torts:
Another offshoot of tort law is known as Toxic Torts, which falls into the broader category of product liability law and encompasses cases where toxic substances cause injury to an individual. Toxic tort cases can involve a plethora of toxic substances, such as asbestos (known for causing mesothelioma), pharmaceuticals, and tobacco.
Very similar to product liability law, 3 key things must be proven in order for damages: exposure, that the defendant is legally responsible for the exposure, and if the injury was actually caused by the exposure. After proving these 3 things, then liability can be imposed on the defendant and respective damages (usually money) will be awarded to the injured plaintiff. Another important thing to understand about toxic torts is the role of an expert witness and because toxic torts can be very technical, expert witnesses are almost always used or even required in some areas. Finally, toxic torts can result in class-action lawsuits, especially the ones that have major environmental implications, meaning that multiple plaintiffs got injured and are suing the defendant together. A well-known example of this is the Dupont Teflon "PFOA" forever chemicals case, which was illustrated in the popular movie Dark Waters.
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Sources:
Legal Information Institute, Product Liability, Wex https://www.law.cornell.edu/wex/product_liability.
Legal Information Institute, Toxic Tort, Wex https://www.law.cornell.edu/wex/toxic_tort.
Disclaimer: I am not a lawyer nor do I claim to be a lawyer. This article/website is purely for educational purposes only. The information presented on this website does not (and does not claim to) replace the advice or representation of a licensed attorney.
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