Product liability law has a steady history of development throughout the 20th century. It began where no one could sue if a product injured them during use, unless they had the original contract with the manufacturer. Seen in today’s terms, that would have meant that if you were involved in a film production and got shocks from faulty electrical equipment that was purchase from the local electrical supply store, you weren’t allowed to sue because it was the store and manufacturer who had the contract.

The first changes came when exceptions were made for products that were “inherently” or “imminently dangerous,” like guns, explosives, food and a few other health related products. But gradually the assumption was made that if any item could be expected to place health or life in peril, and if the product was negligently constructed, then liability should apply to those other products as well. It didn’t matter if you had a contract or not with the manufacturer. Finally, the idea of “strict liability” took hold, stemming from the concept that there is an implied warranty on items, which follows them down the purchasing chain.

What this means is that even if you didn’t buy the item, but it was defective and injured you, product liability law states that the manufacturer is still liable. You don’t even need to prove negligence, because that’s already demonstrated by the product’s failure. “Strict liability” stared with food, then again moved through various health products, and eventually was applied to all consumer products as well. New Jersey and California were the first to make these changes in the early 1960s, but now all other states have done so as well, and all follow the Uniform Commercial Code, in which these laws are contained.

The only real alteration in product liability law since “strict liability” was applied has been to return some protections to retailers. Even though they often are just middle-men, passing the boxed item from the manufacturer to the consumer, they were too often sued for their “deep pockets” when the real manufacturing company was too far away to reach. This means that if your business is selling products, then you can probably assume you’re under strict liability, but you should still be sure of the specific laws in every state in which your business operates.

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