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3D Printing and Product Liability in the U.S. and UK
Editor's Note: The potential for product liability claims concerning objects created via 3D printing is obvious, but these types of claims are likely to have qualities unique from claims over injuries attributed to traditional products. Last month, the authors discussed some of these. Now, they look at how the law is developing in two countries ' the United States and Great Britain ' as their legal systems attempt to assign liability to the correct actors.
Who Is the Manufacturer and/or Seller?
Product liability law in the United States generally provides that one “engaged in the business of selling or otherwise distributing products who sells or distributes a defective product is subject to liability for harm to persons or property caused by the defect.” Restatement (Third) of Torts, Products Liability ' 1 (1998). This may include manufacturers, distributers and wholesalers. Whether an end-user can recover under a strict liability theory depends on several factors, including whether the “seller is engaged in the business of selling” the product ' that is, whether the seller is a commercial seller. Restatement (Second) of Torts ' 402A(1)(a) (1965).
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