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North Carolina's judiciary never attempted to adopt the doctrine, and the state legislature enacted a statute expressly banning strict liability for defective products in 1995. [25] [26]) In a landmark 1986 decision, the U.S. Supreme Court also embraced strict liability for defective products by adopting it as part of federal admiralty law. [27]
Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe". [1] The field of law that addresses injuries caused by defective products is called product liability. A wide range of circumstances can render a product defective.
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. The test is typically applied to non-complex ...
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 ...
A product recall usually involves the following steps, which may differ according to local laws: [1] The business gathers information and analyses the problem. The affected products and batches, their locations within the supply chain, and probable causes of the problem are identified. Responsible authorities are informed of the issue and ...
The Liability for Defective Products Act, 1991 was enacted pursuant to the EC Directive on Product Liability 85/374/EEC. Under the Act, a producer shall be strictly liable for damages in tort for damage (either to property or an individual) caused wholly or partly by a defect in his product .
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 ...