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by lawstudent2 3873 days ago
What on earth are you talking about?

There is an entire, rich, enormous field of law called products liability that is precisely about holding manufacturers accountable for the performance of their products post sale. Everything from toaster ovens to home furnaces to nuclear reactors.

> If we applied the same logic to other industries, there wouldn't be a firearm manufacturer left in the USA.

We do. I'm going to ignore the statement about gun manufacturers - because lets be serious, that is hugely politically loaded, and the only reason this already isn't a thing is due to a recent act of congress making it illegal to sue gun manufacturers for the damage their guns cause, which is very likely to be repealed in the near future - but in literally every other industry this happens all the goddamned time. Car manufacturers are sued constantly, as are the manufacturers of tools and appliances, home builders, makers of factory equipment, and even the companies that make the factories and power plants themselves.

I am just... shocked. America is rife with manufacturers getting sued for the use and misuse of their products, including their downstream modification by their users, on literally a daily basis. The entire plaintiff's bar is based around this. There is a massive, multibillion - and not single billions, tens of billions - industry around the diligence behind product testing, the insurance against lawsuits in products liabilities, and the lawsuits themselves, all targeted at domestic and foreign manufacturers of everything ranging from paperclips to airplanes. I literally - literally - have a dear friend who makes his living suing aircraft and aircraft component manufacturers for products liability resulting from aviation disasters. I literally have another colleague who had a rich career of representing class action plaintiffs in everything from malfunctioning car parts to injuries caused by pharmaceuticals.

What planet do you live on?

Edit: please note that manufacturer liability also applies to foreseeable post-sale modifications: http://www.cassiday.com/maa-dri-productliability/

This is America. You can sue people for shit.

1 comments

Chill. None of that rant applies, because product liability doesn't extend to aftermarket modifications made by the user.
Yes. It does. It absolutely does.

http://www.productliabilityprevention.com/images/5-PostSaleD...

http://www.cassiday.com/maa-dri-productliability/

If a post-sale modification of a product is foreseeable, and the manufacturer has not properly warned the user of its risks, then the manufacturer can be liable. It is really that simple.