Woodworker's Journal 1985-9-3, страница 13

One of the harshest rules of early product liability cases was that people injured by defective products could not sue the manufacturers unless they purchased directly from them. This technical requirement was carried down the distribution lines so that only individuals who dealt with each other could have rights against each other, and consumers could not sue anyone but the retailer with whom they had traded.

This doctrine was recognized as harsh and formalistic; thus, it was not followed in a number of situations. Example: the seller, regardless of his position in the chain of distribution, could be sued if he were negligent and the product was "inherently dangerous." The courts struggled for some time over just what was and what was not inherently dangerous.

"... negligence suits have been brought for such seemingly innocuous items as a toy top, rubber boots, and a lounge chair. "

One early case said a car was not. But Supreme Court Justice Benjamin Cardozo, in a landmark decision, disagreed. To him a product was inherently dangerous if injury to the owner was predictable in cases where the hem was defective. But almost anything can be injurious if defective and so the cases hold today.

Where once a car was not deemed inherently dangerous, now negligence suits have been brought for such seemingly innocuous items as a toy top, rubber boots, and a lounge chair.

Cardozo made several other important pronouncements in the fieid of product liability. He stated, for example, that a manufacturer could be liable for defects in component parts made by another manufacturer if the assembler did not inspect them.

This shift of the burden of responsibility from buyer to the seller is a natural response to several factors. First, as products became increasingly more complex, it was no longer true that the buyer and seller were equally knowledgeable or ignorant. Second, it was felt that businesses were large enough to bear the immediate losses and ultimately could spread the risk over an even broader sector of society. Since the majority of the products on today's market are mass produced by large manufacturers, the present rule reflects economic reality.

Unfortunately this is not the economic reality of the crafts market, and yet it too must learn to cope with these laws in a climate of litigious consumers and generous juries, it is better to learn about these problems while you still can protect yourself than when it's too late.

PRODUCT LIABILITY

In every product liability case the plaintiff must prove that 1) some injury occurred to himself; 2) the injury was caused by some defect in the product; 3) the defect was present in the product when the defendant had control over it. Once someone gets hold of your product you won't be able to stop him from injuring himself, but you can control this third element by making sure that any item that leaves your control does not contain a defect.

There are two kinds of defects: mechanical defects such (continued on next page)

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