Define the different situations in which courts can hold manufacturers liable for negligence.
What will be an ideal response?
The basic rule of negligence is that a person owes a duty of care to avoid foreseeable injury to others. As long ago as 1916, courts held that a manufacturer could be liable to a consumer of a defective product on the grounds that the manufacturer was negligent in not adequately inspecting the product. Subsequently, courts have held manufacturers liable for negligence not only for failing to inspect but also for:
(1) Improperly manufacturing the goods.
(2) Misrepresenting the character of goods or their fitness for a particular purpose.
(3) Failing to disclose known defects, adequately warn about known dangers, or instruct about proper use.
(4) Failing to use due care in designing the goods.
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