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Tuesday, March 19, 2024

What We Can Learn From Foreign Manufacturers And Liability Laws In The US

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[dropcap]T[/dropcap]oday more and more foreign manufacturers are exporting their products into the US. Due to this, these manufacturers need to learn more about the laws regarding liability in product related law suits. In order to minimize the risks involved, it is very important that they have the knowledge regarding the structure and substance of US product law.

At this time, the US does not have a product liability law that governs the entire United States, these laws are governed and determined by the laws of every state. Even though the laws are different according to the state, many have things in common which are listed below to help you know more when exporting products to the US.

In the US, most states agree that parties that are involved in the business of distributing or selling any product can be held liable for any harm that may have been caused by any type of defect found in the product. Involved parties include the component manufacturer, distributor, assembling manufacturer, retailer, and wholesaler. In a few states, there are laws for those that were considered innocent sellers which can include ones that did not manufacturer any part, did not know of the defect, could not have found the defect, or only passed the product forward and did no changes.

The laws allow different types of claims which are based on strict liability, negligence, or breach of warranty.

Breach of warranty whether implied or expresses are listed under Article 2 of the UCC that is in every state accept for Louisiana. This law states that the product is not represented as stated, is unfit for the purpose it was designed to do, or is not salable.

When it comes to negligence there are actually three types of defects that can be used as negligent claims which does include strict liability. These include design defects, manufacturing defects, and warning defects.

Design defects are often presented when the product could have been made in a different manner to reduce or completely avoid any harm or injuries to consumers. The new design for the product must also be created in a way that it does not render any risks to the consumer.

Manufacturing defects are not anything to do with the design. This type of defect is caused when the product does not meet the intended design. If the manufacturer can prove the product in the proper shape and no defects were seen, then the claim would be geared toward the shipper, storage, or the distributor.

Warning defects are when the manufacturer does not clearly post the warnings or proper instructions to the consumer and therefore an injury occurred.

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