Posted by: Tim Aiken
March 30, 2006

Product liability law governs the legal responsibility placed on the manufacturers and sellers pf products that cause injuries. When the danger of a product rests in its design, product liability law imposes responsibility based on design defect. Sometimes the design of a product that is safe for adults may be defective with respect to children because children often fail to appreciate the risks involved. In such cases liability may be imposed when a child is injured or burned even in instances where the manufacturer would not be held responsible for an adult's injuries.

Disposable butane lighters serve as an illustration of this concept. Following the introduction of disposable lighters many children suffered catastrophic injuries and death while playing with lighters. While results differed from state to state, successful design defect claims were based on proof that manufacturers knew that substantial risk of injury to children existed since children have a natural curiosity about fire and a desire to play with lighters. Liability was imposed against the manufacturers even though adult purchasers of the disposable butane lighters could be expected to avoid the danger associated with using the lighter that injured the children. Successful product liability claims proved that it was technologically feasible to manufacture and distribute a reasonably designed child-resistant lighter with minimal additional manufacturing costs. In the end, because litigation revealed many documented injuries and facts regarding manufacturing alternatives, federal safety regulations were passed requiring child-resistant controls on all disposable lighters. For more information regarding current product recalls and, specifically in regard to disposable lighters, the Consumer Product Safety Commission web site at http://www.cpsc.gov/ is an excellent resource.