Any consumer or user of a product who has been injured by a defective product may bring a claim for damages. The plaintiff does not have to be the person who purchased the product; a person who borrowed the product, received it as a gift, or was required to use the product in their work may also bring a claim for product liability.

 

While most people associate the word “product” with some form of tangible personal property, a “product” may be more broadly defined as any form of property, including, but not limited to the following:

A product may be defective in its design, manufacture, or marketing. Thus, the designer, manufacturer, manufacturer of a component part, wholesaler, retailer, or any other party within the distribution chain may be liable for a defective product.

 

Strict Liability refers to liability without regard to fault. Under a strict liability theory, a defendant will be liable for damages incurred without regard to whether or not the defendant was negligent or whether or not they intended to cause harm. Strict liability is imposed on inherently dangerous activities, or activities that are likely to cause harm. An example of this type of activity is the handling of explosives; if someone handling explosives causes injury or harm, they will be deemed liable, regardless of the degree of care they exercised in handling the explosives.

 

The federal law applicable to product defects is the Magnuson-Moss Warranty Act, which applies to Consumer Product Warranties. A link to the Magnuson-Moss Warranty Act may be found on the Resources page of this website.

 

State laws govern product defect cases. Many states, including California, have adopted Article 2 of the Uniform Commercial Code (U.C.C.) regarding the sale of goods. California has adopted U.C.C. Sections 2-314 and 2-315 regarding the express and implied warranties of merchantability in the sales of goods.