Product Liability Of Warning Defects

More than50%of the product liability litigations in the U.S. are involved with the defective warning labels or instructions. So the law shows its importance in this field. The liability laws need to be specified defining the accountability in such warning defects cases, which however, are not aimed at or broadly mentioned in the researches. Therefore, it would be worth investigating and analyzing in the field of the product liability of warning defects.There are four parts in this article. The first part is the definition and basic theories of the product liability in warning defect cases. Concepts and theoretic fundamental are reviewed thereof, interpreting the connotation of the "warning defect" and "product" and approaching the logical proofs in economics, ethics and sociological jurisprudences. The nature of product liability of warning defects is analyzed in part two, putting that the product liability of warning defects falls under the liability of tort. Part three is about the identification of the product liability of warning defects, criterion of liability in warning defects and the four essential conditions in identifying product liability (tort, damage, fault and causality). The legal theories and economic analysis both show that the principle of fault liability would be more reasonable in the product liability of warning defects. In talking the essential conditions of the product liability, the definition of defects, damages and the causal relationship between them are studied, concluding that the causality is the connection of the two conditions. Causality shall be investigated both factually and legally. Part four is the commitment of the product liability of warning defects, showing that relevant operators including the manufacturers, distributors and service providers should be accountable. The operator is the one who designs, manufactures, produces, transports and distributes products or provides relative services. Subject to the instruction of liability in torts, there are various approaches for the operators to undertake liability in warning defects but the preventive measures should be preferred in the avoidance of actual damages. Credit downgrading and punitive damages can be chose also.