Product defects are rarely covered by criminal laws. Rather, victims of defective products in all U.S. states can seek relief under one or more civil laws, including:
- Strict liability, which is the most common basis for defective product lawsuits. Strict liability is a legal theory that says manufacturers are legally liable for defective products, regardless of whether the manufacturer intended the defect or took reasonable care to avoid it.
For that reason, lawsuits based on strict liability are the easiest type to win.
- Negligence, which means failure to act with a reasonable degree of care. If your lawsuit is based on negligence, just showing that a product is defective is not enough. You must also prove that the manufacturer was unreasonably careless in making and selling that product.
- Breach of warranty. Many manufacturers offer explicit written warranties for their products, which are promises that the product will meet specified standards. In addition, some states have laws mandating an implicit (unspoken) warranty of fitness for all products sold in that state. If your product is covered by one of these, and you believe it has a flaw that contradicts the warranty, you have a defective product case.
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