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Information Page about Product Liability

As a result of defective product, each year thousands of people are injured due to defective products. Fortunately, individuals or companies responsible for these injuries can be held accountable due to the product liability laws. If you or your loved one has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the defective product. We offer free consultations and do not charge a fee for our services unless your case is won. Call us today for your free case evaluation.

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Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items, but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (houses).

What is products liability law?
Products liability law is a tort action that falls under negligence (unintentional tort action) umbrella. Simply, products liability laws holds all parties involved in the chain of manufacturing and distribution of any defective product are responsible for causing injuries. Aside from the actual manufacturer, other responsible parties may include distributors, retailers, repairers, assemblers, component suppliers and testing laboratories. Although products liability claims started under negligence theory, today in addition to negligence action, it can be based on strict liability, breach of warranty, and various consumer protection claims.

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Product Liability Injury

Negligence, Strict Liability, or Breach

Negligence
To prove negligence, the plaintiff must demonstrate that the parties responsible for placing the product into the stream of commerce had a duty to provide goods fit for their foreseeable uses; that they would have detected the defect by the use of reasonable care in the design, manufacture or inspection process, but failed to do so; and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use.

Strict Liability
Under a strict liability standard, once the plaintiff establishes that a product is defective, liability immediately attaches from that fact alone no matter how much care was taken during the design, manufacture, marketing, distribution and sale.

Breach of UCC Warranty
Under a breach of express warranty theory, the plaintiff claims a violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the product makes it unfit for its intended purpose.

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Injured in a Truck Accident

Types of Product Liability

Design Defects
Liability arises from a mistake or oversight in the design/making of a product, which makes it dangerous when used as intended, or when used in another reasonably foreseeable manner.

Manufacturing Defects
Liability arises from a defect that results from the manufacturing process itself.

Marketing Defects
A marketing defect involves such issues as inadequate warning labels or instructions, which may prevent a user from recognizing a defect in the product, or from being aware of how to safely use the product.

Examples of Product Liability Cases
  • Motor Vehicle Defects including defective seat belts, tire defects such as a tire blowout, and unsafe SUVs resulting in SUV rollover injuries or death
  • Defective Workplace Machinery such as nail guns, punch presses and other construction or manufacturing equipment
  • Medical Devices such as heart monitors, heart valves, prosthetics
  • Cosmetic implant surgeries including breast, penile and other cosmetic surgeries
  • Lasik Eye Surgery
  • Defective Boats, Airplanes, and Motorcycles

Injured due to a Faulty Product

Injured Due to a Defective Product?

If you or one of your loved one has been seriously injured due to a defective product, you should follow these steps and then call our office:
  • Keep the product and any documents and packaging that was included
  • Identify as much information about the product as possible including the name of the manufacturer, model name and number, place and date of purchase and serial number
  • Keep the product in a safe place where it won’t be touched
  • If the product is an automobile, make sure that you keep it
  • Make sure to inform your insurance company that you need to keep your car
  • Obtain information from any witnesses that may have been present (such as name, address and telephone number)
  • Find your receipt
  • Obtain medical help immediately
  • Do not discuss the case with anyone other than an attorney

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How can a Product become Defective?

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The following are the number of factors for a court to determine whether a product is defective or not:
  • The manner in which and the purposes for which the product has been marketed;
  • The packaging of the product; the use of any mark in relation to the product;
  • Instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product;
  • What might reasonably be expected to be done with the product; and
  • The time when the product was supplied.
  • Products which are older and subject to more use would not necessarily be expected to be as safe as brand new ones.
  • Products would not necessarily be defective simply because the safety of later models had been improved.
Defective products can cause great injury and range from cars and trucks to children’s toys. If you or your loved one is seriously injured by a defective or dangerous product, please contact one of our products liability attorneys for a free consultation to discuss your rights and potential claim. Our attorneys will aggressively fight to get you the money damages you and your family are entitled to.

We are Lawyers on your side.™

Injured due to a Faulty Product
Injured due to a Faulty Product

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