概说产品责任可以分为三种基本制度。其一是严格责任制度,即不论产品的制造商是否存在过失,只要其产品有瑕疵就要承担责任。这是最有利于产品使用者的制度。其二是有限严格产品责任制度。这一制度允许制造商以“现行工艺水平”作为自己的抗辩理由。只要产品的制造商证明,其产品在投放市场时合理地达到了科学和技术发展的现行标准,就可免予承担责任。第三种制度是以产品的制造商被证明有过失而承担责任。美国几乎所有的州均 Overview Product liability can be divided into three basic systems. One is the strict liability system, that is, regardless of the existence of the manufacturer’s product fault, as long as the product has flaws will bear the responsibility. This is the system that best benefits product users. The second is a limited strict product liability system. This system allows manufacturers to “state of the art” as their defense. As long as the manufacturer of the product proves that the product on the market has reasonably reached the current standards of scientific and technological development when placed on the market, it is exempt from liability. The third system is responsible for the product manufacturer’s proven fault. Almost all states in the United States