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What Is Product Liability Law?

by Lisa M Nousek
Based in Armonk, New York, Lisa M. Nousek has built a successful career as an attorney over the last decade. Lisa M. Nousek is a partner at Boies, Schiller & Flexner, LLP, where she has engaged in commercial law, arbitration, and product liability litigation since 2006.
Product liability law dictates the standards that products must meet before they reach the consumer. If a product is hazardous or faulty, these laws determine who is at fault and what caused the product to be unsafe. In the absence of federal product liability law, individual state laws dictate these regulations. Plaintiffs generally bring their liability actions under the related theories of negligence, breach of warranty, and strict products liability.
During product liability litigation, the plaintiff demonstrates a manufacturer’s liability by proving that the related product displayed a variety of defects. If defendants did not provide proper labeling or warning on the potential dangers of a functioning product, then they are liable for those marketing defects. In addition, defendants are liable for design defects that arise prior to manufacturing and defects caused by improper product assembly.