The development of product liability law through the 20th century was gradual but steady. In the beginning, nobody at all could sue if they were injured using a product, unless they were the ones who had the contract with the manufacturer. And all consumer products fell under this law. So if today’s world operated in the same way, and you were injured in a car accident because of faulty brake pad parts, you couldn’t sue because the original contract was between the manufacturer and the car dealer.

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.

In all of these cases, then, product liability law would hold that the manufacturer will be liable for an injury you suffer using their product, even if you weren’t the one who bought it. The very failure of the product demonstrates negligence, says the law, so you don’t even have to prove that. “Strict liability” was originally applied to food, but was then applied to health products, and finally all consumer products also fell under this law. New Jersey and California began this legal change in the early 1960s, and all other states followed. Now the Uniform Commercial Code that enshrines these laws is adhered to by all states.

Only a slight rein has been put on product liability law in recent years, as some protections have been restored to retailers, who frequently play little role except to pass to the consumer the boxed items they get from the manufacturer. Retailers had been sued, as those with “deep pockets,” when the actual manufacturer was out of reach, and this wasn’t entirely reasonable. What is means for you, as a seller of products, is that even if you assume you’re under strict liability for those products, you should check the specific details in every state in which you do business.

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