As 3D printing becomes more widespread, legal risks and liabilities for manufacturers will increase. Injured parties may seek compensation from various entities in the production and distribution chain, including printer manufacturers, material suppliers, designers, sellers, and users. Manufacturers can take steps to prevent liability, such as buying insurance, adding clear warnings, limiting warranties, and consulting attorneys on risk management.

1. Exploring the Legal Risks and
Liabilities of Manufacturers in
the 3D Printing Industry

2. A Printer in Every Home?
• There could soon be “a printer in every
home.”—Brook Drumm
• 3D printers will “become a part of our daily
lives . . . much sooner than anyone
anticipated.”—The New York Times
• Economically, this is great news for the 3D
industry . . . But what about legally?

3. Liability Implications of Industry
Growth?
• As 3D printers become increasingly
commoditized, the following phenomena are
certain to occur:
– Product production driven closer to the end user
– Defects in design and manufacture may cause
economic or personal injury
– Misused printers or products may result in
damage to business, property, or persons

4. Implications?
• Injured businesses and persons (and their
attorneys) will look for liable parties—that can
pay!
– The manufacturer of the printer?
– The seller of the printer?
– The designer?
– The material supplier?
– The user of the printer?
– All of the above?

5. There are many ways to sell 3D
printers. . .

6. Thus, there are many ways you could
be liable for any printing mishaps. . .

7. Ramblin’ Wreck
• Miss Georgia, a Georgia
Tech student, wore these
3D printed shoes
representing the school’s
mascot, the Ramblin’
Wreck, for the Miss
America pageant’s “Show
us your shoes” parade
• The shoes were made by
Georgia Tech industrial
design students

8. Ramblin’ Wreck
• Imagine if the beauty
pageant contestant
were to wear these
shoes while walking
across the competition
stage when . . .

9. Ramblin’ Wreck
. . . one shoe breaks,
causing her to fall down
and fracture her foot (and
likely costing her the
crown).

10. Potential Defendants
- Industrial Students?
– Negligent in design or
manufacture of shoes
• This means they owed her a duty of ordinary care
and their failure to exercise ordinary care caused
her injury
• Defense—exercised due care; failure to pinpoint
negligent individual

11. Potential Defendants
- Industrial Students?
– Strictly liable for the injury because the shoes were
defective
• “Defective” can mean either:
– a) shoes were, by design, inherently dangerous
– b) shoes weren’t manufactured the way they should have
been, or
– c) instructions and/or warnings that came with the shoes
were insufficient
• Defense—Not in the chain of commerce

12. Potential Defendants
- Industrial Students?
– Breached an express warranty that shoe would not break
• The students expressly promised—orally or in writing—
that the shoes could be worn without breaking
• Defense—No express promise
– Breached an implied warranty that shoes were safe for
walking
• This means there is an implied promise that the
product will do what it’s marketed to do
• Defense—Disclaimer

13. Potential Defendants
- 3D Printer Manufacturer?
– Defective product
• Strict liability for a printer defectively
manufactured, such that the particular printer
had a manufacturing flaw that stopped it from
printing shoe to specification

14. Potential Defendants
- 3D Printer Manufacturer?
– Breach of Warranty
• Breach of an express warranty that printer would make
a product fitting the exact design specifications
– Defense—No contract between printer manufacturer and
Plaintiff
• Breach of an implied warranty that printer would make
a product according to specifications
– Defense—Disclaimer

15. Potential Defendants
- Materials Supplier?
– Breach of express warranty that material can
withstand a certain amount of force
• Defense—No contractual relationship between supplier and
plaintiff
– Breach of implied warranty that material can support a
certain amount of weight
• Defense—Lack of implied warranty; disclaimer

16. Or …

17. UPS Store Explosion
• UPS has added 3D printing services at 106
stores across the country
• Damian uses one of UPS’s 3D printers to make
a prototype of his new invention. In the
middle of the printing, the printer explodes
and injures Damian and bystanders.

18. Potential Defendants
• 3D Printer Retailer
– Strict liability for selling a defectively designed printer
– Failure to warn of the dangers associated with 3D
printers
• 3D Printer Manufacturer
– Strict liability for designing a defective printer
– Failure to warn of the dangers associated with 3D
printers

19. Hot Printer
• Veronica orders a 3D
printer online. The
instructions state:
“WARNING: DO NOT
COVER. RISK OF
OVERHEATING.” Veronica,
however, fails to read the
instructions. She covers
the printer with a table
cloth to make it more
attractive. The printer
subsequently catches fire,
damaging our home.

20. Potential Defendants
• Online retailer
– Shrink wrap agreement?
• 3D Printer manufacturer
– Sufficient warning?
• Defenses
– Product misuse
– Assumption of the risk
– Contributory negligence

21. Down the Chain
• Parts O’Neil Co. manufactures
temperature sensors for 3D
printers
• Assembler, Inc., assembles 3D
printers and buys its temperature
sensors from Parts O’Neil
• Tech O’Hoy is a retail store that
buys assembled 3D printers from
Assembler, Inc.
• Alex buys 3D printer from Tech
O’Hoy. The printer’s temperature
sensor malfunctions, causing the
printer to set on fire

22. Potential Defendants
• Everyone in the chain of commerce!

23. Down the Chain, Cont.
• This means….
– The parts and materials suppliers
• Defective part
– The assembler/wholesaler
• Defective part
• Negligent assembly of product
– The retailer
• Defective part
• Defective product

24. Attempt to limit litigation and liability
risks

25. Preventative Measures
(1) Buy insurance
– Covers liability and defense costs

26. Preventative Measures, Cont.
(1) Buy insurance
– Covers liability and defense costs
(2) Contractual liability shifting and sharing
– Warranty disclaimers
– Limit warranty to specified uses
– Conflict resolution specifications, such as
mandatory arbitration

27. Preventative Measures, Cont.
(1) Buy insurance
– Covers liability and defense costs
(2) Contractual liability shifting and sharing
– Warranty disclaimers
– Limit warranty to specified uses
– Conflict resolution specifications, such as mandatory
arbitration
(3) Attach warnings of any potential dangers or
misuses
– Must be clear and conspicuous

28. Preventative Measures, Cont.
(1) Buy insurance
– Covers liability and defense costs
(2) Contractual liability shifting and sharing
– Warranty disclaimers
– Limit warranty to specified uses
– Conflict resolution specifications, such as mandatory
arbitration
(3) Attach warnings of any potential dangers or misuses
– Must be clear and conspicuous
(4) Hire a risk manager or, heaven forbid, an attorney to
advise you on your potential for liability and how to
limit such risk

29. Michael P. Bruyere
Atlanta| San Francisco| Philadelphia
Los Angeles| Newport Beach
New Jersey| Tampa