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Product liability is the area of law in which manufacturers, distributors, suppliers, ... As noted above, state courts either use one test or the other or both. [41]
The Third Restatement of the Law, Torts: Products Liability §2(b) [1] favors the risk-utility test over the Second Restatement of the Law, Torts §402(a), which favored the consumer expectations test. §2(b) states, in part, "A product is defective when, at the time of sale or distribution...is defective in design. A product is defective in ...
In legal disputes regarding product liability, a consumer-expectations test is used to determine whether the product is negligently manufactured or whether a warning on the product is defective. Under this test , the product is considered defective if a reasonable consumer would find it defective.
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The Consumer Protection Act 1987 is an Act of the Parliament of the United Kingdom which made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community (EC) Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products.
In strict liability situations, although the plaintiff does not have to prove fault, the defendant can raise a defense of absence of fault, especially in cases of product liability, where the defense may argue that the defect was the result of the plaintiff's actions and not of the product, that is, no inference of defect should be drawn solely ...
The advent of product testing was the beginning of the modern consumer movement. Product testing might be accomplished by a manufacturer, an independent laboratory, a government agency, etc. Often an existing formal test method is used as a basis for testing. Other times engineers develop methods of test which are suited to the specific purpose.
The Convention on the Law Applicable to Products Liability is a convention concluded in 1971 within the framework of the Hague Conference on Private International Law (HCCH), which governs the law that should be applied to products liability cases. [3] It entered into force in 1973 and as of 2020, 11 countries are party to it. [1]