PRODUCT LIABILITY

This is a very important topic which I must not omit to discuss.

Let me illustrate with an example: Assuming you bought a new cellphone and charged it for use. On the third day, while making a call with the phone, it suddenly exploded, causing you injuries. Here, the maker of the defective phone will be strictly liable to you under the rule of product liability.

To succeed in your claim, however, you must meet these three conditions:
1. You must prove that there was a defect in the product when it left the defendant. In our example above, this will be easy to prove because this was a new phone which was bought just three days ago. Nothing could have caused the phone to explode except that it was defective from the maker.

2. You must prove that you are a logical and foreseeable user of the product who used it as it was intended.

3. You must prove that you were injured by the use of the product, and that the injury was caused by the product’s defective nature.

Implied in product liability is a manufacturer’s warranty that the product will be safe for use, will not cause harm/injury, and will not be defective.

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