Product liability is an area of law concerned with the legal rules relating to who is at fault when someone is injured as the result of a defective product. While no federal product liability law exists, many states have comprehensive liability statutes that affect cases involving unsafe products. These statutory provisions vary from one state to the next, but in most jurisdictions, those who have been injured by a product can base their liability claims under the theories of negligence, strict liability, or breach of contract.
Once they have taken legal action, a plaintiff in a product liability case must prove that a product is defective and unsafe due to manufacturing, design, or marketing issues. If a product is deemed to have caused injury due to one of these types of defects, the responsibility for the injury could lie with the manufacturer and any or all sellers involved in the distribution chain.
The defense in a product liability suit will typically present a case that seeks to either completely avoid liability or minimize the extent of liability. When the defense fails to prove its case and the court finds in favor of the plaintiff, the injured person may recover compensatory or punitive damages, although punitive damages are relatively rare in these cases.