What must be established to successfully hold someone liable for products liability?

To hold someone liable for products liability, it is essential to establish that a defect existed when the product was manufactured. This means that the product did not conform to the standards of safety or performance that are expected in the marketplace, which can include design defects, manufacturing defects, or failure to provide adequate warnings or instructions.

The focus on the existence of a defect at the time of manufacture underscores the principle that manufacturers and sellers are responsible for the quality and safety of their products. If it can be demonstrated that the defect was present when the product left the manufacturer’s hands, and that this defect caused harm to the consumer, then liability can be established.

While the presence of explicit warnings, intended use of the product, and documentation of previous complaints might play roles in specific cases, they are not universally required to establish products liability. The core element is the existence of a defect at the time of manufacture, which directly links the liability to the manufacturer's responsibility for the product's safety.