Product Liability

Product liability law is meant to compensate persons injured by defective products and to deter manufacturers from marketing such products.

The Problem

Product liability laws in some states fail to send clear signals to manufacturers about how to avoid liability, and hold manufacturers liable for failure to adopt certain designs when the manufacturers neither knew, nor could have anticipated, the risk.

ATRA’s Position

ATRA supports legislation that: governs all product liability actions, irrespective of the theory on which they are brought, so that plaintiffs cannot evade the law by inventing new theories of recovery; permits a plaintiff to recover damages only upon proof that the product was defective and that the defect was the cause of the harm; sets out clear rules for determining when a product is defective; provides clear standards for establishing liability based on manufacturing defects, design defects, and warning defects; provides clear rules requiring proof of causation.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Product Liability

No related legislation or reform items to display.



Product Liability News and Press

Explore ATRA's most recent press releases and blogs around Product Liability

2nd Circuit Revives Acetaminophen Lawsuits, Overturning Judge Cote’s Rule 702 Ruling 

The American Tort Reform Association today chided the 2nd Circui...

ATRA: High Court Affirms Federal Labeling Standards, Rejects Made-for-Litigation Science

The American Tort Reform Association today issued a statement on yesterday...

The High Cost of Junk Science Verdicts in Los Angeles

This op-ed was authored by ATRA’s Lauren Sheets Jarrell and was orig...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Product Liability
Search All
States
Status
Post Types
Date
In Re Longview Energy Co.
(Tex. Filed in January of 2015): Arguing that the statutory limit on appeal bonds should apply per judgment, not per judgment per party. ...
Texas
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Kesner v. Superior Court and Haver v. BNSF Railrods
(Cal., filed in March of 2015): Arguing that the California Supreme Court should reject the theory of take-home exposure in asbestos cases. ...
California
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Urethane
(U.S. Supreme Court, filed in April of 2015): Arguing that the Court must clarify the Rules Enabling Act and Rule 23 of the Federal Rules of Civil Pro...
SCOTUS
  • Case Settled iconCase Settled
Lompe v. Sunridge
(U.S. Court of Appeals for the 10th Circuit, filed in April 2015).  Arguing that it is improper to use a defendant’s wealth evidence in an uncon...
10th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Tyson Foods, Inc. v. Bousaphakeo
(U.S. Supreme Court, filed in April of 2015): Arguing that the Court should grant cert in order to clarify the law and only allow class actions when a...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
Scapa Dryer Fabrics v. Knight
(Ga., filed in May of 2015).  Arguing that the “any exposure theory” is not sufficient to be causative of mesothelioma. ...
Georgia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
May v. Air & Liquid Systems, Inc.
(Md., filed in May of 2015): Arguing that a manufacturer does not has a duty to warn with respect to asbestos-containing products manufactured, suppli...
Maryland
  • Court Remanded Case Back to Lower Court iconCourt Remanded Case Back to Lower Court
Bristol-Myers Squibb Co. v. The Super. Ct. of S.F. Cnty.
(Cal., filed June 2015): Arguing that it is improper for California courts to exercise specific personal jurisdiction over a company that has no conne...
California
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Rains v. Stayton
(Ore., filed in July of 2015): Arguing that the state’s statutory limit on noneconomic damages is constitutional and does not infringe on a plaintiff’...
Oregon
  • Court Remanded Case Back to Lower Court iconCourt Remanded Case Back to Lower Court
Spokeo v. Robins
(U.S. Supreme Court, filed in July of 2015): Arguing that a bare violation of a federal statute does not confer Article III standing upon a plaintiff ...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2026 ATRA. All rights reserved.