The Law of Strict Products Liability

One of the most important developments in the law regarding consumer protection was the birth of the doctrine of “strict products liability,” which makes it much easier for you to recover damages from a manufacturer or seller when you are injured by a defective product. Strict products liability also has served as a strong incentive for manufacturers to design and make safer products.

Under  the law of strict products liability, a product manufacturer, distributor, or seller is liable for marketing a defective product that is “unreasonably dangerous” and causes injury to the unwary consumer or user. All you need to show is that the product was defective and was allowed to get into the stream of commerce and that your injuries were caused by the product’s defect. You normally do not have to prove that anyone was negligent.

The rationale behind strict liability is that as a part of its cost of doing business a manufacturer must compensate consumers for injuries sustained from its defective product. The manufacturer can pass along the expense to the consumer by increasing the price of each unit sold. The consumer bears the ultimate cost, but when that cost is spread among hundreds of thousands or even millions of consumers, it is minimal as far as each consumer is concerned.

Say that you buy a new air conditioner at American Hardware Store and have it installed in your house by Tom’s Air Conditioning Installation and Service Company. The first time you turn the air conditioner on, it blows up and injures you. It turns out that when the air conditioner was made, someone at the factory reversed two wires. American Hardware Store is strictly liable to you, since it sold you the unit. The company that made it is strictly liable as well. But how about Tom’s? Is it also strictly liable for your injuries? No. The law of strict products liability does not apply to persons who are engaged primarily in the business of providing a service – installers, repair people, cleaners, doctors, lawyers, accountants, and so on. Tom’s did not sell you the air conditioner; it merely provided the service of installing it. Tom’s would be liable for your injuries only if it installed and air conditioner incorrectly and that mistake caused your injuries.

Product liability law is complex and needs to be handled by an experienced attorney. If you or a loved one has been injured due to a faulty or defective product, contact the attorneys at the Law Offices of Andrew Ballerini. CALL NOW: 800-989-5297 (LAWS). PROTECT YOUR LEGAL RIGHTS.

The Law Office of Andrew A. Ballerini
Harvard Law Building
1522 Route 38, Suite 202
Cherry Hill, NJ 08002-2214
Phone: 856-665-7140
Toll free: 800-989-5297 (LAWS)
Fax: 856-665-8885

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