Product liability is a field in law where manufacturers are held responsible for the injuries occasioned by producers for the use of their products. Manufactures owe their consumers a duty of care hence they are under legal obligation to manufacture products that are not injurious to their consumers. A business entity can be sued for breach of warranty or negligence if harm occurs to the consumers.
The tort of product liability is meant to make consumers safe. It is supposed to protect consumers from poor products made by manufacturers. Kip Viscusi explores the complexities of product liability and discusses the question whether product liability provides safety for the public. Viscusi argues that the damages paid to injured parties increases the cost of products. In a bid to ensure that the products comply with the product liability laws, manufactures incur higher costs of production. These punitive costs are incorporated into the cost of the products making them unfavorable to the consumer.
The onset of new technology has not done little to alleviate the risks occasioned by the consumers. Modern products are safer compared to those made in 1950s. The risks posed by these products are even higher. Although new technology assists in the manufacture of products that are safe, the use of modern technology in production poses a larger number of risks to the consumer. Cars produced in 1950s when compared to the ones produced in the new millennium; the safety requirements are higher than in 1950s and yet the number of accidents is similar. Viscusi contends that product liability is only applicable in an idealized world. The blockbuster punitive damages awarded to consumers have negatively affected the operation of firms. Viscusi argues that punitive damages have shut down innovation in novel fields.
Works Cited
Viscusi, Kim. "Does Product Liability Make Us Safer?" Vanderbilt University Law Journal 35 (2012): 12-20.
