Question

Prompt: Discuss the three major areas of products liability as listed in the chapter and the three major defenses to products liability also listed in the chapter. According to the scripture, who if anyone has a duty of restitution?

Requirements: 250 words minimum initial post, 100 words minimum reply

Answer 1

Product liability is the principle, which holds a manufacturer or seller responsible for the injuries caused by its products or the defect in the product quality.

Three major areas of product liability are:

• Breach of warranty: While selling the product, the manufacturer or the seller provides warranty about the product quality usage. If it is not able to fulfill the terms of its warranty, product liability claim can be raised.
• Negligence: If the product’s defect or diminished quality is a result of negligence paid on part of the manufacturer, they can be sued by raising a product liability claim.
• Strict liability: In this, the plaintiff just has to raise the product liability claim. Any entity responsible for the damage caused in the value chain of the product, will be caught and held accountable

Three major defenses to product liability are:

• Conduct Defense: Injury caused by the product due to negligent handling of product by the plaintiff
• Contract Defense: If the plaintiff was misusing the product for objectives other than those stated in the contract
• Statutory Defense: checks if the plaintiff’s reliance on the statement offered by the seller at the time of sale is justifiable or not.