Limiting Consumers' Recovery in Products Liability Lawsuits

Strict products liability is a legal doctrine that imposes liability for personal injury and property damage caused by defectively designed or manufactured products. The manufacturer or seller of such products is held responsible if the product injures a consumer who buys or uses the product.

Household Chemical Litigation

Almost any household chemical can be dangerous if swallowed or spilled. It is estimated that the average home in America contains over 60 toxic chemicals. Some of the commonly used household products that can be dangerous are air fresheners, ammonia, bleach, carpet and upholstery shampoos, dishwasher detergents, drain cleaners, furniture polishes, mold and mildew cleaners, oven cleaners, antibacterial cleaners, and toilet bowl cleaners. The injuries that these products can cause range from mild skin irritation to death.

The Restatements of Law

Our common law developed from unwritten English law, which was based on tradition and custom. English common law is the foundation of our federal law and the law of all states, except Louisiana (which is based on French Civil Law). The most important characteristic of common law is that it is judge-made law rather than statutory or constitutional law. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Recovery in Strict Products Liability for Product Damage Alone

Products liability is the area of the law that deals with injuries and property damage caused by defective products. A product is considered defective if it has a design or manufacturing flaw. If the product lacks proper instructions or lacks sufficient warnings about any dangers associated with its use, a product can also be considered defective. This article discusses recovery for defective products when the only damage was to the product itself. There were no personal injuries or damages to other property.

Ultrahazardous Activity Doctrine

The ultrahazardous activity doctrine imposes strict liability for damage proximately caused by one who carries on an "ultrahazardous" or "abnormally dangerous" activity. This means that even if the person performing the ultrahazardous or abnormally dangerous activity uses the utmost case, that person will still be held liable for any resulting damage.