All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. However, this does not always happen. Manufacturers sometimes overlook safety regulations or rush the manufacturing or testing process. At times they do not have qualified safety design people examining and testing the product. As a consequence, products that can cause consumers injury manage to find their way into the public purview.
Every consumer, has legal rights under product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, defective trailers, and more.
Generally, there are four kinds of claims that are associated with a product liability case:
The first is a breach of warranty; categorized by when a manufacturer fails to maintain a claim regarding a product. Product liability laws require that businesses stand by or fulfill any statements or obligations they have promised to consumers. This type of claim resembles a breach of contract claim.
Misrepresentation; often known as fraud, is categorized by when a manufacturer’s claims via advertising lead consumers to believe untruths regarding a product and that a product is safer than it actually is. Misrepresentation also includes whether a manufacturer distracted consumers from a product’s potential risks.
Negligence; categorized by when a product fails to provide the service that the consumer expects and causes injury.
Strict liability; which is categorized by when an injured consumer is able to establish that a product is defective, that it caused their injury, and that the product was extremely dangerous. This type of claim requires that the product leave the manufacturer in the dangerous condition.
It is the responsibility of a manufacturer to inform consumers of a product’s defect if one is discovered. This can be accomplished by corresponding with consumers directly or by notifying federal agencies such as the U.S. Food and Drug Administration (FDA) or the U.S. Consumer Products Safety Commission (CPSC). Even if a product is found to be defective after its warranty has expired, this must be done, because the manufacturer is still responsible for the product’s risk, assuming the danger is posed by normal, intended use of a product.
Products liability is an extremely complex and difficult area of law. If you have been injured by a product, its important, even essential, for you to obtain the services of a qualified attorney.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.