the responsibility of manufacturers, distributors and sellers of products to the
public, to deliver products free of defects which harm an individual or numerous
persons and to make good on that responsibility if their products are defective.
These can include faulty auto brakes, contaminated baby food, exploding bottles
of beer, flammable children's pajamas or lack of label warnings. Examples Beauty
Queen Hair Products makes a hair-permanent kit in which the formula will cause loss
of hair to women with sensitive scalps, and Molly Makeup has her hair done at the
Bon Ton Beauty Shop and suffers scalp burns and loss of hair. Molly has a claim
for damages against Beauty Queen, the manufacturer. Big Boy Trucks makes a truck
with a faulty steering gear, bought by Tom Holdtight. The gear fails and Holdtight
runs off the road and breaks his back. Holdtight can sue Big Boy for the damages.
The key element in product liability law is that a person who suffers harm need
prove only the failure of the product to make the seller, distributor and/or manufacturer
reliable for damages. An injured person usually need only sue the seller and let
him/her/it bring the manufacturer or distributor into the lawsuit or require contribution
toward a judgment. However, all those possibly responsible should be named in the
suit as defendants if they are known.
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