The advances in 3D printing technology are creating a legal gray space for product liability. Generally, when a person is injured due to a defective product, or failure to warn, the manufacturer, designer, and/or the company that put the product into the marketplace can be found liable for the injury. But 3D printed objects don’t exactly fit the current legal framework.

At first blush, one might think that the person who provides the design is going to be liable. However, the first question that arises is whether the design was compatible with the type of printer used. Then, it needs to be asked whether the printer caused the defect. Then, you need to find out whether it was the materials used in the printer that caused the defect.

3D Printed Objects Purchased From a Business

If you purchase a 3D printed object from a retail business, then the business that sells the product can be held liable just like they could for any other product sold. However, that business can bring in other parties who may also be liable, such as a wholesaler or designer of the product, the manufacturer of the printer, as well as potentially the manufacturer of the printer’s “ink.”

While the law surrounding liability for 3D printed products has not caught up to the technology, the same framework for any other type of product liability action provides guidance as to who can and should be held liable.

3D Printed Objects Printed at Home

If you are injured due to a 3D printed object you designed and printed in your own home, then your claims will be against the manufacturer of the printer and its “ink,” as well as potentially against the retail store where you purchased the printer or “ink.” It may be especially difficult to prove fault in this type of case.

The law is constantly struggling to keep up with new technological developments. While new products may be easier to manufacturer than ever before, getting a new law passed or an old law changed still takes time and legislative action.

Related Resources:

  • Find Personal Injury Lawyers in Your Area (FindLaw’s Lawyer Directory)
  • If Printing Could Kill: 5th Circuit Denies Appeal on 3D Printed Gun Injunction (FindLaw’s Decided)
  • Product Liability (FindLaw’s Learn About the Law)
  • 3 Things That Are Illegal to 3D Print (FindLaw’s Law and Daily Life)

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