These services and devices are extremely broad in scope and complexity, depending upon consumer need and service provider capabilities. Yet, in all cases, regardless of breadth or depth, the ATP or RTS is legally responsible, or liable, for the services and, to a variable degree, for the products he or she provides. As a result, the ATP or RTS assumes significant liability for their actions. The liability shouldered by ATP's and RTS's falls into two categories, professional liability and products liability. While ATP's and RTS's might think that they are free of products liability when they simply provide a commercial product, that may not necessarily be the case.
Some courts consider negligence within products liability claims.
In cases where components are combined, the courts are hesitant to hold the manufacturer of the components responsible under the strict liability doctrine. When ATP's or RTS's modify or manufacture products, they are fully liable under products liability law. This holds true even for simple modifications, such as the trimming of a commercial wheelchair cushion to fit a particular wheelchair. While the liability risks are quite high for ATP's and RTS's, it can be said that too little attention is paid to this issue. The problem under consideration relates to risk and the effective management of risk.