The law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer and is therefore defective..

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.

Strict Liability

There are times when products are unreasonably dangerous or sold in such a condition as to make them defective. In these instances the seller or manufacturer may be liable without fault. Thus, under strict liability, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective. Moreover, strict liability only applies to manufacture defects.

• For example, if you buy an above ground pool with a floor that is too slippery, you may fall and break your neck. Even though there is nothing "wrong" with the pool, the fact that the manufacturer made the floor of the pool the way the manufacturer did makes it unreasonably dangerous.

There may be exceptions to this rule and as such you should check with an attorney before proceeding further.

What is "defective" and "unreasonably dangerous"?

If the ordinary person thought that the product was too dangerous based on his or her knowledge about the product and how it should perform, then it is thought to be defective and unreasonably dangerous. This test, however, comes out differently based on the circumstances and the product so you should speak to an attorney before proceeding further. If the ordinary person can obviously tell that something is dangerous, then it is not seen as defective and unreasonably dangerous because that person can protect themselves by not using the product.

Exceptions to Strict Liability

By their nature, some products simply cannot be made safer without losing their usefulness. For example, prescription drugs and vaccines are examples of products that are unavoidably unsafe, but their benefits outweigh that risk. Thus, side effects from a prescription drug or vaccine does not necessarily make the manufacturer liable, but you should always check with an attorney before proceeding further. While a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding whether to use them.

There is also an exception for certain foods. The "foreign-natural" distinction, as it is referred to, gives companies leeway in the packaging of their food even though there may be technology available to make sure certain things don't end up in the packaged foods.

• For example, a piece of metal in a can of peaches is not acceptable, but pieces of a pit may be allowed.

If you use the product in a way that it was not intended and it is a use that would not be foreseeable, then you may not have a case under products liability.

• Example: using a blow dryer in the shower.

If there are state and federal regulations that the companies have to comply with and they do so, but their product still causes harm, they may be free from getting sued under products liability. "Preemption" law tells the company what to do and if the company followed it, the company can not be sued for complying with the order.

• For example, labeling or imposing a particular technique that the law requires companies to follow.

Proof of Strict Liability for Products Liability

To prove strict liability in a products liability case you must show that the product was manufactured or sold by the person you are trying to sue. You must also show that there is a defect, and not just a problem caused because of some redesign to the product. You must also show that the defect was the cause of the injuries.

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