Use Of Sample Surveys In Product Liability Litigation.

Extract

---

Use Of Sample Surveys In Product Liability Litigation.

This article first appeared in the 5th edition of The International Comparative Legal Guide to: Product Liability 2007; published by Global Legal Group Ltd, London (www.iclg.co.uk).

I. Introduction

Product liability refers to legal claims in which an injured party may recover some type of monetary compensation from the manufacturer or seller of a product. In the United States, the claims generally associated with product liability stem from claims of:

negligence;

strict liability;

breach of warranty;

and consumer protection.

Product liability litigation arises from a range of circumstances in which a specific product or product use comes under scrutiny. Manifestations of issues with a product include product failure, product misuse, and adverse side effects associated with an otherwise properly functioning and properly used product. A product liability claim tends to fall into one of three possible types: design defects, manufacturing defects, and failure to warn. Depending on the nature of the liability claim, different issues must be addressed. For example, product liability claims arising from some form of negligence (such as failure to warn) may require showing there is a duty owed to a party, that the duty was breached, and that the breach resulted in injury. In contrast, manufacturing defects often focus on "strict liability" in which the manufacturer is held liable for a defective product even if they are not directly implicated in the processes that led to the defect. An example of strict liability can be seen in the recent pet food recall in which a pet food maker in North America was held responsible even though they unknowingly purchased a contaminated ingredient from companies in China.

Whatever the nature of the liability at issue,...

See the full content of this document

---