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Product Liability Law

Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner. Product liability suits may be brought by the consumer or someone to whom the product was loaned. While product are generally thought of as tangible personal property, product liability law has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Product liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. In a strict liability theory of liability, the degree of care exercised by the manufacturer is irrelevant. As long as the product is proven to be defective, they will be held liable for the harm resulting from the defect.