	Overview of Products Liability

Products liability, which is primarily governed by state law, concerns the civil liability of a manufacturer, seller, or other party along a product's manufacturing or distribution chain for personal or property damages caused by a product to a consumer or third-party user of that product. Although products liability law derives from common law judicial decisions, many states have enacted legislation that codifies causes of action based on different theories of liability and/or that places limits on when or against whom claims are to be asserted. As a result, the strict liability standard makes it substantially easier for a plaintiff injured by a defective product to recover damages when compared to other causes of action described below. Consumer representatives and plaintiffs' attorneys generally oppose measures that would effectively limit an injured party's ability to recover in products liability suits. They consider the tort system necessary to provide incentives for the manufacture of safe products and to ensure adequate compensation for injured workers and consumers. The possibility of national uniformity, however, should not be overestimated. Federal Statutes Enacted

While Congress enacted a number of products liability laws in the 1980s and 1990s, there has been little legislation in recent years. Strict tort liability.
Products liability generally refers to the civil liability of a manufacturer or seller for injury caused by its product to the person or property of a buyer or third party. Legal developments starting in the 1960s, particularly the adoption of strict tort liability, have made it substantially easier for persons injured by defective products to recover for damages. Starting in the 1980s, however, many states enacted tort reform legislation that effectively places limits on an injured party's ability to recover. Advocates for consumers and plaintiffs view strong products liability law as necessary to ensure adequate compensation for injured workers and consumers and to furnish an incentive for the manufacture of safe products. Manufacturers and their insurers, by contrast, contend that many products liability judgments are unwarranted or excessive and that national uniformity in products liability law is needed. They have favored replacing the 50-state products liability laws with one federal law. While bills that are narrowly focused on a particular product or industry have been occasionally considered by Congress, no major products liability bills have been introduced during the 113th Congress. This report will be updated as circumstances warrant.