Product Liability - What is It?
If you are injured as a result of using a product then you may be able to file a product liability claim against the manufacturer of that product.
Ironically, the nature of your claim as well as the results that you can expect may vary based on where you live.
That's because, in the United States, the preponderance of liability laws are resolved at the state level.
It's not surprising, then, that for the most part, product liability laws widely vary from one state to another.
There are three major types of product liability claims in the United States: 1.
A failure to warn (sometimes called marketing defects) 2.
A design defect 3.
A manufacturing defect When product liability claims are filed they are often associated with either negligence, breach of warranty, consumer protection, or strict liability.
What is Negligence? Most negligence claims usually need proof of / or that: 1.
A duty is owed 2.
That duty was breached 3.
The breach of duty caused the plaintiff's injury 4.
The plaintiff suffered an actual injury 5.
The breach of duty proximately caused the plaintiff's injury Over the course of time negligence claims have evolved to deal with specific situations that include negligence per se in place of proof and the breach of duty.
This is when the manufacturer violated a regulation or a law.
Also res ipsa loquitur, which infers that there is negligence under certain conditions, may be the basis of a product liability claim.
Breach of Warranty A warranty is a statement a seller or a manufacturer makes about a product.
A warranty claim usually requires that the manufacturer or seller must be dealing directly with the injured party.
Consumer Protection A lot of states have also enacted consumer protection laws that provide a specific remedy for various product defects.
The most widely known consumer protection laws are the "lemon laws".
These laws became popular because cars are usually the second biggest investment an American citizen makes.
In case you're wondering, buying a home is the biggest investment most US citizens make.
Strict Liability Strict liability focuses on the product itself instead of focusing on the manufacturer's behavior (as in negligence).
Under strict liability law, the manufacturer is considered to be liable if the product they produce is defective.
Under this scenario it doesn't matter whether or not the manufacturer was actually negligent in making the product defective.
Due to the complexity of the laws and how they vary from state to state, if you believe that you were injured because of product liability and feel that you may be eligible for personal injury compensation it would probably be in your best interest to consult with an attorney who specializes in product liability law.
Ironically, the nature of your claim as well as the results that you can expect may vary based on where you live.
That's because, in the United States, the preponderance of liability laws are resolved at the state level.
It's not surprising, then, that for the most part, product liability laws widely vary from one state to another.
There are three major types of product liability claims in the United States: 1.
A failure to warn (sometimes called marketing defects) 2.
A design defect 3.
A manufacturing defect When product liability claims are filed they are often associated with either negligence, breach of warranty, consumer protection, or strict liability.
What is Negligence? Most negligence claims usually need proof of / or that: 1.
A duty is owed 2.
That duty was breached 3.
The breach of duty caused the plaintiff's injury 4.
The plaintiff suffered an actual injury 5.
The breach of duty proximately caused the plaintiff's injury Over the course of time negligence claims have evolved to deal with specific situations that include negligence per se in place of proof and the breach of duty.
This is when the manufacturer violated a regulation or a law.
Also res ipsa loquitur, which infers that there is negligence under certain conditions, may be the basis of a product liability claim.
Breach of Warranty A warranty is a statement a seller or a manufacturer makes about a product.
A warranty claim usually requires that the manufacturer or seller must be dealing directly with the injured party.
Consumer Protection A lot of states have also enacted consumer protection laws that provide a specific remedy for various product defects.
The most widely known consumer protection laws are the "lemon laws".
These laws became popular because cars are usually the second biggest investment an American citizen makes.
In case you're wondering, buying a home is the biggest investment most US citizens make.
Strict Liability Strict liability focuses on the product itself instead of focusing on the manufacturer's behavior (as in negligence).
Under strict liability law, the manufacturer is considered to be liable if the product they produce is defective.
Under this scenario it doesn't matter whether or not the manufacturer was actually negligent in making the product defective.
Due to the complexity of the laws and how they vary from state to state, if you believe that you were injured because of product liability and feel that you may be eligible for personal injury compensation it would probably be in your best interest to consult with an attorney who specializes in product liability law.
