What are the various legal theories in products liability actions?
• Negligence – a defendant’s lack of reasonable care in the manufacture or sale of the product, or in warning/instructing about its use; • Breach of Warranty – defendant’s failure to fulfill the express terms and conditions promised when the product was purchased; • Misrepresentation – a defendant’s provision of false or misleading information to a buyer about a product’s safety; and • Strict Liability – defendants, regardless of fault, distributed a defective product that caused injury. What if the plaintiff misused the product that caused the injury? If a defendant establishes that injury was caused due to plaintiff’s improper use, despite warnings and instructions, the claims are generally dismissed. However, the inquiry can be highly case specific and depend on the kind of the product, the purpose of the product, the reasonable foreseeable care taken by defendants, the sufficiency of warning and instructions, and other factors that would have enabled plaintiff to avoid the injury.
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