A Quick History of Product Liability Law
Product liability law has a steady history of development throughout the 20th century. It began where no one could sue if a product injured them during use, unless they had the original contract with the manufacturer. Seen in today’s terms, that would have meant that if you were involved in a film production and got shocks from faulty electrical equipment that was purchase from the local electrical supply store, you weren’t allowed to sue because it was the store and manufacturer who had the contract.
The first changes came when exceptions were made for products that were “inherently” or “imminently dangerous,” like guns, explosives, food and a few other health related products. But gradually the assumption was made that if any item could be expected to place health or life in peril, and if the product was negligently constructed, then liability should apply to those other products as well. It didn’t matter if you had a contract or not with the manufacturer. Finally, the idea of “strict liability” took hold, stemming from the concept that there is an implied warranty on items, which follows them down the purchasing chain.
In all of these cases, then, product liability law would hold that the manufacturer will be liable for an injury you suffer using their product, even if you weren’t the one who bought it. The very failure of the product demonstrates negligence, says the law, so you don’t even have to prove that. “Strict liability” was originally applied to food, but was then applied to health products, and finally all consumer products also fell under this law. New Jersey and California began this legal change in the early 1960s, and all other states followed. Now the Uniform Commercial Code that enshrines these laws is adhered to by all states.
The only real alteration in product liability law since “strict liability” was applied has been to return some protections to retailers. Even though they often are just middle-men, passing the boxed item from the manufacturer to the consumer, they were too often sued for their “deep pockets” when the real manufacturing company was too far away to reach. This means that if your business is selling products, then you can probably assume you’re under strict liability, but you should still be sure of the specific laws in every state in which your business operates.
Rene Lacape is a well trained insurance broker. He has been handling many kinds of insurances for the past many years. He still does well in his chosen field and is sure to help more people who will need his expert advice. Contact him now.
Post a comment