How do juries determine product liability claims?
When a product liability case comes before a jury, the question for the jury to answer is who is responsible for any harm caused by the product. The jury must decide if the product was defective or if the individual who used the product was careless. The jury must also decide who is liable for the damage. This typically involves determining if the designer, manufacturer, distributor, retailer, or other party is responsible for any defects in the product. Juries will consider several factors when making a decision, including the product’s design, instructions for using the product, and warnings about the product. They will also consider any evidence presented by the plaintiff and defendant. In some cases, juries will use a “consumer expectation” test to determine if the product is defective. Under this test, the jury will ask if the product did not meet the consumer’s reasonable expectations for the product. If the jury decides the product did not meet these expectations, then the product is considered defective. In other cases, juries may consider whether the product was defectively designed or manufactured. This involves evaluating the safety of the design of the product or determining if there are any flaws in the construction of the product that justifies a finding of product liability. The jury is also responsible for determining if the product was properly labeled and instructions for its use were adequate. If the jury finds that the product was either defectively designed, manufactured, labeled, or lacked adequate instructions, then the jury will likely find that the defendant is liable for any damages caused by it.
Related FAQs
What type of damages can be recovered from a product liability lawsuit?How can a company decide which products to recall?
Is a manufacturer responsible for product defects discovered after a sale?
What type of damages can a plaintiff recover in a product liability case?
What is a “products liability action”?
What is the legal standard for determining if a product is “unreasonably dangerous”?
What remedies are available to consumers when a product is found to be unreasonably dangerous?
What is “strict tort liability”?
What is a “warning defect”?
What is the “risk-utility test”?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023