When a faulty product or marketing scheme results in injuries to consumers, product liability law holds manufacturers and those in the product line responsible. Product liability law can be extremely complex with a number of twists and turns as well as legal concepts that are unique to the scenario of product defects.
There are three types of product defects that product liability law can cover. These are design defects, manufacturing defects and marketing defects. A defect could be a flaw in the way a product operates or is constructed, or it may be a misrepresentation about the safety of the product. Such product defects can lead to product liability claims filed by a victim or dissatisfied customer against those responsible.
Product liability claims come under a variety of headings. Anything from gun to real estate can be the subject matter of product liability cases when injuries are involved. The law is designed specifically to give those injured a way to obtain compensation for the injuries and to encourage the manufacturing and sale of safe products for today’s markets.
Product Liability Theories
Product liability laws are usually not administered from the federal level. Rather, state laws govern this area of law with each state adopting its own rules. However, the Uniform Commercial Code (UCC) and state tort laws are the primary references for most products liability cases.
When an injury occurs due to a product defect, plaintiffs may sue under several different legal theories. Negligence is one theory which involves proving that, but for the product defect, the plaintiff would not have been injured. Negligence also involves proving that the injury was a reasonably foreseeable result of the product defect.
Strict liability is also a way to successfully bring a products liability case to court. Unlike negligence and other theories of liability, strict liability claims do not involve proving that the maker or seller of a product is somehow at fault for the injury sustained. Strict liability is often associated with manufacturing defects.
A products liability claim may also be brought under a theory of breach of warranty. This theory rest on the fact that all American products carry an implied promise that the item sold is free of unsafe defects. Once injury occurs, this warranty has been breached and there could be sufficient grounds for a law suit.
Product Liability Defenses
Just about anyone in the product line from manufacturers to wholesalers to retailers could be held liable for product defects. Once legal action is taken, plaintiffs can expect these entities to submit a number of defenses in product liability claims. For instance, a defendant may argue that the defendant’s own negligence caused the injury, the improper use of the product caused the injury or the injury resulted from the plaintiff’s failure to heed noticeable warnings about the product.
Getting Legal Help for Product Liability
The complexities of a product liability claim call for only the best legal representation possible. If you think you may have a case involving a defective product and would like to hold the proper entities accountable, contact Shegerian & Associates right way to get the justice and fair compensation you deserve.