Deaths, injuries and property damage from consumer product incidents cost the nation more than $700 billion annually, according to the Consumer Product Safety Commission. The federal commission is charged with protecting the public from unreasonable risks, serious injury or death from more than 15,000 types of products. Sometimes protection comes after product hazards like flammability are discovered, and there is no applicable federal liability law. While some states have product regulations, products liability litigation allows consumers to take action against defective and dangerous products. Unsafe product litigation generally concerns design defects, manufacturing defects and defects in marketing. A case may be argued in terms of the defendant’s negligence, strict liability or breach of warranty. Liability issues are weighed in terms of whether manufacturer and consumer acted reasonably.
Please choose a legal issue for more:
• Cereal Recall
• Crib Recall
• DeCoty Taco Seasoning Undelcared Soy Ingredient
• Flammable Products
• Machine Guarding
• Moisture Plus Contact Lens Solution Recall
• Peanut Butter Recall
• Sunland Peanut Butter
• Pet Food Recall
Products Liability Law – What Is A Strong Unsafe Products Claim?
If you are considering bringing an unsafe products liability lawsuit against a manufacturer of an unsafe or faulty product, it is important to be educated about your rights and what to expect in an unsafe products litigation. Winning a law suit depends on the strength of your case – and some unsafe products cases are stronger than others. But what constitutes a typical unsafe products claim?
Unsafe Products Theories
When pursuing a products liability claim through an unsafe products lawsuit, your attorney will focus on one or all of three legal theories to litigate your claim. These legal theories are negligence, strict liability and/or breach of warranty. Read on for more information about each count:
The law defines negligence as failure to fulfill a duty to provide reasonable care while selling, manufacturing or designing a product. This negligence must cause injury to you, the plaintiff. This injury does not have to be physical – injury can also be monetary. Examples of manufacturer negligence include failure to properly inspect a product, failure to warn the public about a product’s defect, or releasing a product with faulty design elements. The pursuit of a negligence count in an unsafe products claim depends on three elements: that injury was caused as a result of the product’s defect; that the product was defective upon purchase; and that the defect was the result of negligence or failure to exercise due care on the part of the manufacturer.
Strict liability is the newest tenet in unsafe products litigation. The theory basically exists to protect you, the consumer, from a manufacturer’s failure to exercise a reasonable duty of care in providing a safe product for your purchase. The pursuit of a strict liability claim does not require plaintiffs to prove negligence on the part of a manufacturer; in strict liability, the manufacturer can be held liable even if the warranty conditions were not followed and negligence was not proved.
Breach of Warranty
Breach of warranty claims arise when the terms of a legal agreement entered into by manufacturer and consumer (the “warranty”) are violated by the manufacturer. The breach of warranty can be express or implied. If it is shown that a manufacturer has committed breach of warranty, no negligence or other fault needs to be proven.
Consult an Expert
If you would like to bring an unsafe products claim against a manufacturer, consult a lawyer experienced in products liability law. An experienced unsafe products attorney will be able to advise you on the validity of your claim and guide you through the extensive legal process that underlies products liability litigation.
Unsafe Products – What Are Your Rights?
When it comes to product safety, consumers depend on manufacturers to produce items that have been rigorously developed and tested to the highest standards of quality and safety. But what happens when we purchase faulty, defective or unsafe products. Reasonable Care. read more