Product Liability

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held liable regardless of their intent or knowledge.

Product liability laws are based on the premise that companies generally must protect consumers from potential hazards. Courts have held that manufacturers generally have more insight and knowledge about their products, so it falls to them to assume financial responsibility for any injuries or damage they cause.

If a plaintiff is successful in their product liability action, they can be awarded damages to cover both economic and noneconomic losses. Economic losses include verifiable monetary losses such as money spent on medical care, lost wages (presently and in the future), and costs of repair/replacement of damaged property. Noneconomic losses are non-monetary losses such as pain and suffering, emotional distress, loss of companionship, and disfigurement/physical impairment.

The statute of limitations for filing a product liability action is 3 years