Such others include not only the products buyer, but also users and bystanders. Product Liability refers to the liability of all parties along the manufacturing chain from the manufacturers, through the wholesalers, down to the retail store. It defines the rights of individuals to sue for money damages for their personal injuries, as well as their property damaged actually caused by the dangerous product. A tort which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer. Cobbins v. General Acc.
State law determines the rights of each party in a product liability case.
Despite differences among states, there are generally three common legal theories that exist for a product liability claim. These are negligence, strict liability and breach of warranty of fitness. In a negligence claim the plaintiff must be injured as a result of the sellers failure to exercise reasonable care in the manufacturing or selling of a particular product. This means that the seller did something that a person of ordinary prudence would not do under the same circumstances. One must prove that the lack of reasonable care occurred in the manufacturing, designing or selling of a product.