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EXECUTIVE SUMMARY Product liability is a growing interest in almost all parts of the world. The doors of justice are opened to innocent and helpless consumers who can ask manufacturers of products to compensate them for damages incurred after using their products. The burden of liability is placed upon manufacturers and producers who could not use any defense to exculpate themselves from strict liability law. There are two principles that form the foundations on product liability, namely, strict liability, and negligence. Thus, manufacturers are bound to make a wise estimate of how much damage it may be liable in the future should any case be filed against it on product liability. In effect, any manufacturer should ensure that the “good” of the product outweighs the “harm” that it may cause to any consumer if such product is put in the market.

This is the social responsibility of manufacturers and a safeguard to consumers. Never mind if the cost is passed on to the consumers as may be incorporated in the cost of the product for as long as there is an assurance that in any future eventuality, the manufacturer would be able to answer to the liability and pay the cost of damage. One piece pirate warriors trailers.

We will write a custom essay sample on Punitive Damages To Products Liability specifically for you FOR ONLY $16.38 $13.9 /page Punitive damages that may be awarded on top of the actual damages incurred would be up to the courts of justice to determine. The reason behind the grant is to deter similar cases in the future. Putting a cap on punitive damages is depriving a plaintiff his day in court while it also limits the authority that our laws have vested in the courts of justice. Any law to that effect is simply negating an individual’s right to be fully recompensed for any damage that may be incurred due on product liability cases.

Thus, as in other cases on torts and delicts, it is best left to the courts of justice to establish the punitive damage that may be imposed against manufacturers whose product caused damage to any of its consumers. Should Punitive Damages In Products Liability Cases Be Capped The history of product liability law dates back to the 1800’s when one Englishman, Mr. Winterbottom filed a case against the manufacturer of a mail coach due to poor construction. Winterbottom, who was the driver of the mail coach of the Postmaster General, was seriously injured when the mail coach collapsed. The theory advanced at that time was to limit the liability to persons with privity of contracts. Winterbottom was not privy to the contract of purchase between the Postmaster General and the manufacturer of the mail coach. Thereby, the case was dismissed.

As the manufacturing industry advanced, quality control of the products being produced by manufacturers has become a subject of interest to many sectors of society. The concern naturally required the governments to enact laws which would ensure protection of consumers. However, while many laws could be enacted to ensure full protection of the consuming markets, compliance to these laws would also remain a question.

Thus, it has been inevitable that cases on product liability piled up in the courts of justice in all countries of the world. The difference, though, is that where before the “little and helpless” consumers would have a difficult time to raise their concerns and seek redress; in these times where awareness on product liability has been brought to the fore, manufacturers with big pockets are made to compensate consumers for damages incurred. There is no question that manufacturers should be made liable to pay for damages that any of their products may have caused on the consuming public. The law on strict liability has become the basis on findings of the court as it decides on how much liability any manufacturer is to shoulder and pay to the consumer in a particular case. Strict liability law stresses the liability on the product in contrast to the principle of negligence which places the responsibility on some acts of the manufacturer.

In the case of Greenman v Yuba Power Products, Inc. The California Supreme Court assigned strict liability to a manufacturer, “. Who placed on the market a defective product even though both privity of contract and notice of breach of warranty were lacking. The court rejected both contract and warranty theories, express or implied, as the basis for liability.