Who is liable for a defective product?
In Arkansas, the general rule is that a manufacturer or seller of a defective product is liable for any injury or damage it causes. Specifically, a manufacturer is responsible for designing a product that is safe and reasonably free from any defects, to ensure that the product is manufactured with care, and to provide adequate warnings or instructions about any risks associated with the product. Similarly, a seller is liable for any injury or damage caused by a defective product that it sold. A seller is responsible for either inspecting the product for any defects before it is sold, or for warning customers of any potential risks or defects that it knows or should know about. In Arkansas, the consumer who purchased a defective product may also have some liability under certain circumstances. A consumer can be liable if his or her actions contributed to the injury or damage caused by the product. For example, if a consumer knowingly used a defective product in an unsafe manner, the consumer may be held liable for any damage caused by his or her negligence. However, in Arkansas, the manufacturer or seller of a defective product will usually be held primarily liable and consumers will generally not be personally responsible for any injury or damage resulting from the use of the defective product.
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