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Understanding the ins and outs of product liability

On Behalf of | Jan 16, 2024 | Product Liability

Chances are, you are probably fully away of some type of consumer product that came to market only to be pulled off the shelves after causing harm to a certain number of victims. Whether it was some type of food or drink, medication, exercise equipment, medical device, children’s toy, auto part or something else, the list of possibilities is nearly endless. As a consumer, you have certain legal rights when it pertains to these unfortunate situations.

Product liability laws hold manufacturers and sellers accountable for their products. Unlike the majority of personal injury cases, there is no requirement to prove that the manufacturer or seller acted in a negligent or reckless manner. Instead, plaintiffs must simply be able to display that the harm they suffered was a direct result of an issue with the product in question.

What are the most common product liability claims?

Examples of common product liability claims that can cause consumers to suffer extensive harm include the following:

  • Breach of warranty: Many products have written warranties that include promises by the manufacturer, while others have implied warranties where it is simply assumed the product is safe as long as it’s used as intended. A breach of either type of warranty could result in a successful lawsuit by a victim.
  • Failure to warn: Manufacturers are responsible for providing warnings on any products that pose a risk or safety threat to the end user.
  • Design defects: This situation happens when flaws to a product already exist before production. No matter the level of care by the manufacturer when producing the product, it was already unsafe due to its inherent design.
  • Manufacturing defects: These occur when issues result at some point during the manufacturing process. If the issue involves a specific part of a product manufactured by another entity, then the potential exists for both the entity that produces the overall product and the entity that produces the part in question to face legal repercussions.

What will you need to prove to increase the odds of a successful case?

As a plaintiff in a product liability case, you will need to show that you used the product in question as intended. This is in spite of its defectiveness, which you will also need to be able to display. Finally, you will need to prove that the harm directly caused to you by the product entitles you to a certain amount of compensation. Fortunately, there are professional resources readily available to you that can help guide you through this process.