Legal Memorandum: Liability for Sales of Defective Products

Issue: Under the laws of the Virgin Islands, is there a cause of action recognized for sales of defective products?

Area of Law: Personal Injury & Negligence
Keywords: Sales of defective products; Causes of action; Liability for the harm
Jurisdiction: Virgin Islands
Cited Cases: None
Cited Statutes: Restatement (Third) of Torts: Product Liability, § 1 (1998); V.I. Code Ann. tit. 1, § 4.
Date: 04/01/2015

A seller or distributor of defective products is subject to liability for the harm to persons caused by the defect.  Restatement (Third) of Torts: Product Liability, § 1 (1998).*FN1  Similarly, manufacturers of defective prescription drugs or medical devices are strictly liable for harm caused by the defect.  Id. at § 6(a).  Products are defective when there is manufacturing defect, defect in design, or defective due to inadequate instructions or warnings.  Id. at § 2; see also id. at § 10 (regarding failure to warn after sale or distribution).   


*FN1 The Virgin Islands applies torts as set forth in the Restatements.  V.I. Code Ann. tit. 1, § 4. 


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