Product Liability And Product Defects

Product liability is one kind of liability from person and wealth damage caused by product defects. Nowadays, the strict liability theoty is the mainstream of product liability theory system in the world. Product defects have been considered the core points of strict liability. Because of the case law tradition and continous development of theories, the product liability system of United States has become the most advanced system. On the bases of analyze of product liability system of United States, the essay disclose the shortcomings in product liability system in China.Article One track back the development of product liability from contract liability to strict liability . Article Two focus on the definition of product defects, and argue the meaning of "unreasonable danger" and "consumer aspect safety". The difference between product defects and product faults, product quality is also declared. Article Three argue the definition, traits and normal stardards of "manufacturing defects", "design defects" and "instruction and warning defects". Article Four argue the standards for evaluating product defects and the reasons for consumer aspect standard available for China. Article Five discuss the four defences of product defects, which are "unmarketed product", "obvious danger", "plantiff fault", "state of art". Article Six argue the state and shortcoming of product defects law system in China, and make the advice for revise and development.