Product liability refers to an area of law involving an accident arising from the use of a product. When someone uses any type of product that turns out to be defective and gets injured due to it, that person may file a lawsuit against those who made the product. Check Product Liability.
The defendants in the case brought by the injured party will be the ones who are liable or responsible for the accident. The responsible parties may be the product manufacturer and/or the manufacturer of the parts which make up the product. Responsible parties can also involve the store where the product was bought, or the product’s wholesaler / distributor / supplier. In a product liability case, any of those possible liable parties can be called.
In the news about Toyota cars and faulty accelerator and brake pedals there was a very high profile product liability lawsuit. In the case of Toyota, the cars with the defect were recalled in such a way that no one else could purchase them and result in injury. This is normal for goods which are widely distributed and found to be faulty in any way. As per the U.S. Every year 200-300 items are recalled by the Consumer Product Safety Commission. Some of such product recalls are toys, clothing, etc. for children.
The defect of a product may be a consequence of a product’s design , manufacture or even marketing. It persists from the very beginning in the case of a design flaw, until the goods were manufactured in the factory. Faults in manufacturing occur while the goods are actually being produced. In this case, only some of the products that contain the flaw, while each of the products released from the factory would be affected by a design defect.
What about the flaws in marketing? It occurs when a company refuses to send customers the correct directions or warn them that if used in any way, the product may be unsafe. Obviously this is the toughest form of product liability case to prove.
Product liability lawsuits are generally referred to as “strict liability,” meaning that if the product is found to be faulty, the company that manufactured the product is 100 % responsible for all injuries as a result of the fault. Some degrees are based on how hard they could have worked to stop having a faulty product. Manufacturers are forced to make every effort to avoid these defects and it is hoped that both retailers and shop owners can exercise caution when selecting the goods they sell.
Will you have a case for Product Liability?
If you think you’ve been hurt due to a faulty product, you’ll need an attorney to handle your case. Such cases can be very complex and involve an attorney who has expertise in liability claims for goods. Your counsel can find that you have a strong case against the manufacturer or supplier of a faulty product, based on one of the following:
NEGLIGHT. That refers to the failure of a manufacturer to produce a safe product. This could have occurred during product manufacture or earlier during product design.
Warranty violation. This applies to a organization that refuses to uphold its commitments or statements about a product it sells. If this failure causes injury to someone, the person may have a case against the company over product liability.
Illustration. That is where marketing begins. If the seller advertises or packages the product in such a way that consumers are unaware of the dangers of using the product, the seller may be held liable for any resulting injuries. In certain cases, the seller is incompetent in portraying the risks of the product and in other situations, the seller deliberately misleads the buyer in the hope of purchasing more goods.
Product manufacturers are expected to inspect and test their products during manufacturing, and they are expected to choose appropriate materials for their goods to be built. We are often supposed to adequately alert customers whether a substance may be unsafe in a way that isn’t obvious.