What legal theories may form the basis for a products liability case?
Liability in a products liability cases may be based on three distinct theories of liability: Negligence: A negligence claim is based on the failure of the manufacturer to use reasonable care in the design, manufacturer, or selling of its product. The focus is on the conduct of the company that made or sold the product. Strict Liability: This theory does not require any “fault” in the conduct of the company that made or sold the product. All that must be shown is that a defect in the product made it unreasonably dangerous. The focus is on the danger presented by the defect in the product regardless of the conduct of the company in making or selling the product. Breach of Warranty: A breach of warranty may be based on either an express or implied warranty. A company has an obligation to make sure that a product performs according to a company’s own representations regarding the product.
