What is the potential civil and criminal charges one can lay if a company failed to remove a product from the shelves, even though they new it is a fire hazard and can burn your house down? Please help if you can...
by 
kalliskaprivi
ANSWERS: 1
-
There really is no criminal liability. In order for there to be criminal liability the product would have had to be sold with the intent to cause harm. If the product does in fact cause a fire and death, it is certainly possible (but highly unlikely) that the company or its officers could be found guilty of involuntary manslaughter. However, this has been tried many times with little success. As for civil liability, most jurisdictions provide for strict products liability. This means that a manufacturer is automatically liable for defects in their product. The logic behind this is that the manufacturer is best in the position to absorb the cost of harm caused by their products. Thus, it does not matter if the company knew or didn’t know that the product could cause fire. However, if your jurisdiction does not follow strict liability, then the knowledge of the risks will greatly support a negligence claim. But again, most jurisdictions follow the doctrine of strict liability.
RELATED QUESTIONS
Copyright 2023, Wired Ivy, LLC