ABSTRACT

The term 'product liability' tends to be used in a variety of contexts. It can include many forms of liability for loss caused by a product. Product defects are commonly divided into the three main categories of manufacturing defects, design defects, marketing defects and warnings, although, in particular cases, the boundaries between them often overlap. A common type of allegation is that a product was defective because the user received no warnings, or inadequate warnings, from the manufacturer about the need to take necessary precautions to avoid injury by the intrinsic characteristics of the product. A liability claim succeeds by establishing that one or more 'theories' of liability apply to his or her case. In essence, these are principles governing the existence of a legally recognized duty between citizens. The concept of reasonableness has considerable advantages, particularly relating to its flexible application.