Product Liability Essay

Product Liability Essay-48
The inclusion of 'products used at a place of work' extends the scope of the law to include sales of products between businesses rather than just sales to consumers if such products are used in a place of work.A claim may be brought under the CPA by any person who is injured by a 'defective product', regardless of whether that person purchased the product.An action under the CPA or for negligence can be brought for death, personal injury and damage caused to private property as the result of a product defect.

The inclusion of 'products used at a place of work' extends the scope of the law to include sales of products between businesses rather than just sales to consumers if such products are used in a place of work.A claim may be brought under the CPA by any person who is injured by a 'defective product', regardless of whether that person purchased the product.An action under the CPA or for negligence can be brought for death, personal injury and damage caused to private property as the result of a product defect.

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The CPA imposes strict liability on manufacturers of defective products for harm caused by those products.

This means that people who are injured by defective products can sue for compensation without having to prove that the manufacturer was negligent.

It is merely necessary to prove that the product was defective, and that any injury or damage was most likely caused by the product.

Applicability The CPA applies to all consumer products and products used at a place of work.

In cases like this, it may be difficult for the manufacturer to avoid liability unless it can show how the defect occurred.

The manufacturer will have to show that it took reasonable care to establish a safe system of production and quality control to avoid defects, and that the employees who implemented that system took reasonable care when doing so.

This means that a claim in negligence is not limited by the doctrine of privity of contract, which states that only a party to a contract can sue under it.

A claim may be brought by a consumer-purchaser of the product, a person who uses the product or a third party bystander who is injured by the product.

In particular, the CPA provides that a claim cannot be made for the loss of or damage to the defective product itself.

Other than these restrictions, the CPA imposes no financial limit on the producer's total liability. Under the CPA, the 'producer' of a product is liable for any defects.

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