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|
|Cited Statutes:||Restatement (Third) of Torts: Product Liability, § 1 (1998); V.I. Code Ann. tit. 1, § 4.|
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.