The Basics of Product Liability
March 27th, 2018
It is not uncommon for products to be recalled for defective reasons. Many of us have seen news reports with recalled furniture, toys, and even vehicles. So what happens if you are injured by a defective product? Are all defective products clumped together under one category, or are there different kinds of product liability claims? This blog will explain the basics of product liability claims and help you understand your rights if you are injured by a defective product.
What Is It?
According to FindLaw, product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products are supposed to meet ordinary expectations of the consumer and when a product has not met that expectation or is said to be “defective” or “dangerous”, then the product will be taken off the market. Additionally, FindLaw notes that product liability claims fall under state laws and can arise through negligence, strict liability, or breach of warranty.
Different Types of Claims
- Design Defects. With this type of claim, the plaintiff will argue that the product’s design was defective and inherently dangerous. With this claim, the manufacturing process is not important because the dangerousness of the product will occur before manufacturing begins. According to LegalMatch, the injured party in a design defect claim must prove that making a safer product was available for the same or lesser price and the safer product would have performed in the same manner as the manufacturer intended. This claim would fall under a negligence theory.
- Manufacturing Defects. FindLaw notes that a manufacturing defect occurs when the product departs from its intended design even though all possible car was taken while preparing and marketing it. A manufacturing defect would be a strict liability claim, which means that even though the manufacturer did not intend for the product to be dangerous and defective, he is still liable for injuries sustained by the product.
- Warning/Labeling Defects. With this type of claim, the defect was during the marketing process and will include improper labeling, insufficient instructions, or inadequate safety warnings. Here, the injured party will want to claim that the manufacturer breached a warranty by not warning the consumer of a particular danger of the product.
Contact Us Today
Our legal team at the Bottaro Law Firm is experienced in product liability claims. If you have been injured by a defective product, do not hesitate to contact us. Remember that delay can harm your case! Call or text us at 401-777-7777 or fill out our free online form.