Courts in the United States are known for taking product liability seriously, forcing many non-US manufacturers not to sell their products in the US. Product liability generally refers to the manufacturer’s duty to design, manufacture and distribute safe products, i.e., a legal responsibility to ensure that their products, when used properly, do not cause harm. However, the liability or duty does not limit itself to the manufacturer itself and can include: designers, all sub-contractors or companies providing the components or parts to the product, the assembler (if any), the wholesaler and even the retailer.

Product liability cases do not have to be limited to liability, but can include negligence and breach of warranty. There are, broadly-speaking, three types of product defects that lead to valid liability claims: defects in design, manufacturing errors and marketing misrepresentation. However, the level of liability and resulting claim will be judged by the degree of negligence and the harm the product caused.

For plaintiffs, it is important to know the product liability laws in their own state, as some US states have enacted comprehensive product liability statutes. It is also important to note that there is no federal product liability law. Also, product liability claims carry a three-year time limit in which you can initiate a claim. Legal action has to be started within ten years of the product being manufactured and/or sold by the manufacturer.