The Inside Story of Liability for Defective Products

Understanding defective product situations and your legal protections

Kemal M. Lepschoque, LL.M.
Friendly Legal

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Product liability may seem remote until it affects you directly. For example, consider Kevin buys a new electric scooter that his friend Joe recommends because of its speed and battery life. One day, while riding, the scooter’s brakes unexpectedly fail, causing Kevin to fall and injure himself. This is a matter of bad luck, of course, but also a potential product liability case.

This type of liability refers to the legal responsibility of manufacturers and commercial sellers/re-sellers for injuries caused by defective or unsafe products. It affects everyone — because we all use some products. From the cars we drive to the appliances in our homes, these items are meant to make our lives easier, not put us in danger.

The product liability does not always require proof of negligence. Under the strict liability, a manufacturer can be held responsible for a defective product even if they did everything right during the manufacturing process. This is important because it shifts the focus from the actions of the manufacturer to the safety of the product itself.

Kevin with his scooter in New York City 🛵 Image copyright by author ©

To Whom Product Liability Applies

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Kemal M. Lepschoque, LL.M.
Friendly Legal

Lawyer | Traveller | Polyglot | 27 x Boosted ✨ adept at simplifying complex juridical concepts into human-friendly language & 60+ countries visited