Product Liability - Learning Objectives

Differentiating between product liability and strict liability involves understanding that:

• Product liability refers to holding a manufacturer or seller liable for defective products, while strict liability imposes liability without fault.

• Product liability and strict liability are the same legal concept.

• Strict liability only applies to intentional acts, while product liability applies to accidents.

• Product liability is only concerned with warranties, while strict liability is about negligence.

The purpose of the Consumer Product Safety Act is to:

• protect the public from unreasonable risks of injury associated with consumer products

• regulate the prices of consumer products

• promote international trade of consumer goods

• ensure all products are made in the USA

The prohibitions contained in the Food, Drug, and Cosmetic Act can be identified by:

• Reviewing the specific sections of the Act that list prohibited actions.

• Consulting only the FDA website for summaries.

• Relying on news articles about the Act.

• Assuming all food and drug products are prohibited unless stated otherwise.

You can determine where to get consumer protection assistance by:

• Contacting a consumer protection agency

• Visiting a local grocery store

• Calling a travel agency

• Checking with a car dealership

Why is it important to learn about product liability law?

• Learning about product liability law will help you take effective action if you or a family member suffers injury from faulty products.

• It is only necessary for lawyers to know about product liability law.

• Product liability law is not relevant to everyday consumers.

• Learning about product liability law will help you avoid paying taxes.

Define the term 'product liability'.

• Product liability refers to the legal responsibility of manufacturers and sellers to compensate for harm caused by defective products.

• Product liability is the process of advertising new products to consumers.

• Product liability refers to the ability of a product to be recycled after use.

• Product liability is the responsibility of consumers to report defective products to authorities.

Define the term 'strict liability'.

• Strict liability is a legal doctrine that makes a person or company responsible for damages their actions or products cause, regardless of any fault or intent.

• Strict liability is a legal principle that only applies when there is proven negligence.

• Strict liability refers to a situation where liability is determined solely by the intent of the party involved.

• Strict liability is a doctrine that exempts companies from responsibility for damages caused by their products.

Define the term 'adulterated'.

• Adulterated refers to a product, especially food or drugs, that has been made impure or unsafe by adding inferior or prohibited substances.

• Adulterated refers to a product that is always organic and free from chemicals.

• Adulterated means a product that is naturally preserved without any additives.

• Adulterated refers to a product that is certified as high quality by authorities.

Define the term 'intrastate sales'.

• Intrastate sales are sales of goods or services that occur within a single state, not crossing state boundaries.

• Intrastate sales are sales that occur between two different countries.

• Intrastate sales are sales that occur only through online platforms.

• Intrastate sales are sales of goods or services that cross state boundaries.

What is Product Liability?

• Product liability refers to the legal responsibility of manufacturers and sellers to ensure that products are safe and free from defects that could cause harm to consumers.

• Product liability is the process of advertising products to increase sales.

• Product liability refers to the ability of a product to be recycled after use.

• Product liability is the responsibility of consumers to report defective products to authorities.