Advertising and Product Liability Litigation

Abstract

Since the late 1970s, advertising has become increasingly important in product liability litigation when consumers have been harmed by faulty products. Courts seem willing to consider the impact of advertising on consumer behavior leading to injury-causing situations. If consumer reliance on the content of advertising can be established, the marketer may be subject to liability under a variety of theories of recovery, including warranty, misrepresentation, negligence, and strict liability. The authors examine the role of advertising in product liability litigation. They also develop managerial and public policy recommendations based on their analysis.

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