Product Liability

Product liability involves a consumer’s reasonable expectation that the product that they purchase is safe to use. A product’s liability is measured by its usefulness versus its potential for risk. If the risks outweigh the product’s intended benefit, then the product is considered defective. Product liability can include any consumer product, including machinery, vehicles, food, blood, baby products, and more. If a consumer product has injured you or a loved one, you may be eligible to file a product liability claim to seek compensation for your losses and suffering. To successfully litigate a Product Liability Case six factors must be taken into consideration. Negligence Reasonable grounds for product liability are divided into three categories. The first is type of product liability claim is negligence. Negligence may be claimed if the consumer can show that the manufacturer failed to fulfill a duty to the consumer, thus causing injury. An injured consumer can claim negligence in a product liability lawsuit for damages related to a design defect, a manufacturing defect, or inadequate warning of the dangers posed by a product. Breech Of Warranty The second type of product liability is a breech of warranty. A warranty is considered any statement made or implied by a manufacturer or seller during a commercial transaction regarding that product. Breech of warranty concentrates on a violation of the implied or expressed intentions or the adequacy (“fitness”) of a product for a particular use. When a product does not measure up to labeling or marketing guarantees, a breech of warranty claim can be made through a product liability lawsuit. Strict Liability The third type of product liability claim is strict liability. In the case of strict liability, the consumer must prove that the product was in some way defective, even if there was no negligence in the production process. Therefore, even if the producer of the product took all of the proper precautions, they can still be held liable through strict liability for any injuries caused by their product. Typically, strict liability only applies to manufacturing defects. Responsible Parties Product liability can be claimed against any number of parties involved in the production “chain” of a product. The designer, producer, distributor, seller and other contributors can be held liable in a product liability case. A qualified product liability attorney can examine your case to determine who may be held liable for your product injuries. Evidence It is important to keep any evidence pertaining to your product liability claim, such as receipts of purchase, labeling, packaging, the name and information of the manufacturer, and a record of the incident that caused the injury. With this information, an attorney can help you maximize your rights in a product liability case. Statute Of Limitations All product liability claims are subject to a statute of limitations, which limits the time you have to file a case. If a consumer product has injured you or a loved one, please contact us to speak to a qualified product liability attorney today. We can evaluate your case at no cost to ensure that your legal interests are protected.