A Quick History of Product Liability Law

The development of product liability law through the 20th century basically started from nothing. That is, almost nobody was allowed to sue if they were injured while using a product, unless they had the original purchase contract with the manufacturer. If the same state existed today, and you were running a printing media production company, and you injured your hands in a faulty press, you couldn’t sue because the seller of the press and the manufacturer were the ones with the original contract.

The first changes came when exceptions were made for products that were “inherently” or “imminently dangerous,” like guns, explosives, food and a few other health related products. But gradually the assumption was made that if any item could be expected to place health or life in peril, and if the product was negligently constructed, then liability should apply to those other products as well. It didn’t matter if you had a contract or not with the manufacturer. Finally, the idea of “strict liability” took hold, stemming from the concept that there is an implied warranty on items, which follows them down the purchasing chain.

What this means is that even if you didn’t buy the item, but it was defective and injured you, product liability law states that the manufacturer is still liable. You don’t even need to prove negligence, because that’s already demonstrated by the product’s failure. “Strict liability” stared with food, then again moved through various health products, and eventually was applied to all consumer products as well. New Jersey and California were the first to make these changes in the early 1960s, but now all other states have done so as well, and all follow the Uniform Commercial Code, in which these laws are contained.

Only a slight rein has been put on product liability law in recent years, as some protections have been restored to retailers, who frequently play little role except to pass to the consumer the boxed items they get from the manufacturer. Retailers had been sued, as those with “deep pockets,” when the actual manufacturer was out of reach, and this wasn’t entirely reasonable. What is means for you, as a seller of products, is that even if you assume you’re under strict liability for those products, you should check the specific details in every state in which you do business.

Insurance has been a necessity nowadays and to get a good one will take you to know a good agent. Rene Lacape fits the bills. With his great experience in the insurance industry, you will never go wrong. Check his website so he can start to help you now.