Product Liability Claims, Defenses, and Remedies

by Practical Law Litigation

A Practice Note addressing the key claims, defenses, and remedies available in product liability litigation throughout the US. This Practice Note examines traditional causes of action, such as negligence, breach of warranty under the Uniform Commercial Code (UCC), and strict liability, including the different tests for product defects. It also explores the increasing use of non-traditional theories of recovery, including medical monitoring, claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), and consumer protection statutes. The Note reviews a wide range of defenses, from assumption of the risk and comparative fault to the learned intermediary doctrine and federal preemption. Furthermore, this Practice Note discusses complex issues such as causation, successor and vicarious liability, and the impact of tort reform. It also provides an overview of available remedies, covering compensatory damages, constitutional limitations on punitive damages, equitable relief, and attorneys' fees, offering insight into the strategic landscape of product liability disputes.