Manufacturers, retailers and any other entities dealing with consumer products have a legal duty to ensure that their products, when used properly, cause no injury to the consumer. Manufacturers and sellers must generally use "reasonable means" to ensure the safety of their products.

Establishing Liability Where a Consumer Product Has Caused Injury

There are four ways in which a manufacturer or seller could be held liable for an injury caused by its product:

1. Negligence

Negligence occurs generally where a manufacturer or seller of a product fails to exercise reasonable care in producing a particular product. For example, selling a stroller with wheels known to fall off, or selling a stroller with wheels that have not been properly tested.

2. Breach of Warranty

Breach of warranty may be the result where a product does not stand up to the claims made by the manufacturer. For example, a table that is sold under the promise that it can withstand 500 pounds, but collapses under 200 pounds is in breach of warranty.

3. Misrepresentation

Misrepresentation generally occurs where advertising leads consumers to believe a product is something it is not.

4. Strict Liability

Strict liability is a legal doctrine that may find a manufacturer or seller liable for a defective or dangerous product and for any injuries sustained by that product, regardless of fault or intent. In order to hold the manufacturer or seller responsible, the injured party must show all of the following:

• The product was defective
• The defect made the product excessively harmful
• The defect in the product was the cause of the injury