Product Liability is the general name for an area of law dealing with consumer products that cause injury or death to people. The purpose of this law is to protect consumers from harmful or defective products that companies and individuals manufacture for general sale. Unfortunately, thousands of preventable deaths occur each year from faulty products and result in deaths, injuries, health care costs, job loss, and many other social and individual losses.
Product liability covers any products that are involved in accidents due to some malfunction of the products’ purpose. Some major examples include SUV rollovers, defective tires, ATV accidents, faulty hospital products and beds, baby product defects and many more examples. Any product you purchase that does not work according to the manner in which it was intended and the malfunction causes an injury could give rise to a product liability claim for your injuries.
In product liability lawsuits, there must be evidence that the product was faulty because of the way it was manufactured. This ensures that the manufacturer is at fault, rather than some external reason. The injury sustained must be directly linked to the malfunction of the product in product liability lawsuits. If you have been injured by a faulty product – whether because it was defective or because it was inherently dangerous – you may be eligible for compensation from the manufacturer, retailer, wholesaler, distributor, or leaser. This obligation, called product liability, is a division of personal injury and is governed by product liability law.
There are four general ways to establish liability in product liability lawsuits involving defective or dangerous products. These include negligence, breach of warranty, misrepresentation, and strict liability. Each can hold the manufacturer, seller, or distributor responsible for the harm caused.
When it comes to product liability law, any person or entity that does not provide reasonable care when it has the legal responsibility to do so is negligent. This includes inaction as well as careless and malicious action. An example of negligence is when an auto tire company negligently sells and distributes tires that are faulty and the tire fails causing serious injury.
Breach of Warranty
Takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.
Can refer to advertising claims that lead consumers to believe that a product is safer than it really is or that distract them from potential risks inherent in the use of a product. Misrepresentation can be argued under breach of warranty or under strict liability. Misrepresentation is the grounds for a number of product liability claims.
As in many product liability cases, strict liability makes the manufacturer or seller of a defective product responsible for all relevant injuries sustained. If the victim can show that the product was defective, that the defect was the cause of the personal injury, and that it rendered the product excessively hazardous, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.