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