Products Liability: A Legal Overview (CRS Report for Congress)
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| Release Date |
Revised Feb. 7, 2008 |
| Report Number |
RL33423 |
| Report Type |
Report |
| Authors |
Henry Cohen and Vanessa Burrows, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Products liability refers to the liability of a manufacturer or seller for injurycaused by his product to the person or property of a buyer or third party. Legaldevelopments starting in the 1960s, particularly the adoption of strict tort liability,have made it substantially easier for persons injured by defective products to recoverdamages. Starting in the 1980s, however, many states enacted tort reform legislationthat limited the rights of injured parties. Advocates for consumers and plaintiffs viewstrong products liability law as necessary to ensure adequate compensation forinjured workers and consumers and to furnish an incentive for the manufacture ofsafe products. Manufacturers and their insurers, by contrast, contend that manyproducts liability judgments are unwarranted or excessive and that nationaluniformity in products liability law is needed. Therefore, they favor replacing the 50state products liability laws with one federal law. In the 110th Congress, thefollowing bills have been introduced that would affect various aspects of productsliability law: H.R. 961, H.R. 989, H.R. 1012, H.R. 2067, S. 243, S. 244, and S. 328.
