eCommerce Sellers – Products Liability

Product liability claims are legal claims made by consumers who have been injured or damaged by a defective product. The law of product liability holds manufacturers, sellers, and distributors of defective products liable for the injuries and damages caused by those products.

There are three main types of product liability claims:

• Negligence: A negligence claim alleges that the manufacturer, seller, or distributor of the product failed to use reasonable care in designing, manufacturing, or selling the product.
• Strict liability: A strict liability claim alleges that the manufacturer, seller, or distributor of the product is liable for any injuries or damages caused by the product, even if they did not act negligently.
• Breach of warranty: A breach of warranty claim alleges that the manufacturer, seller, or distributor of the product breached a warranty that they made about the product.

To succeed on a product liability claim, the plaintiff must prove that the product was defective, that the defect caused the plaintiff’s injury or damage, and that the defendant was negligent, liable under strict liability, or breached a warranty.

The law of product liability is complex and varies from state to state.