Product Liability

WHAT IS PRODUCT LIABILITY?

Defective or dangerous products are the cause of thousands of injuries every year in the U.S. "Product liability law," the legal rules concerning who is responsible for defective or dangerous products, is different from ordinary injury law, and this set of rules sometimes makes it easier for an injured person to recover damages.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.

Product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. For product liability to arise, at some point the product must have been sold in the marketplace. Any person who could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.

Product Liability

Liability for a product defect could rest with any party in the product's chain of distribution, such as:

The product manufacturer;
A manufacturer of component parts;
A party that assembles or installs the product;
The wholesaler; and
The retail store that sold the product to the consumer.

Product Liability

TYPES OF PRODUCT DEFECTS

Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:

DESIGN DEFECTS- Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.

MANUFACTURING DEFECTS - Those that occur in the course of a product's manufacture or assembly.

MARKETING DEFECTS - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.

Product liability actions are quite complex, and establishing legal fault often requires the assistance and testimony of experts. Additionally, every state has its own laws and specific statutes that will affect a product liability action. If you or a loved one has suffered an injury caused by a potentially defective product, contact our experienced accident and injury attorneys at MJC to have your claim evaluated free of charge!