Types of Product Defects Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. Unavoidably Unsafe Products By their nature, some products simply cannot be made safer without losing their usefulness.
If you or a loved one has suffered an injury caused by a potentially defective product, contact an experienced accident and injury attorney to have your claim evaluated free of charge. If strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only that the product was defective.
Historically, a contractual relationship, known as " privity of contract ," had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.
Translated, this Latin term means "the thing speaks for itself," and indicates that the defect at issue would not exist unless someone was negligent. In general terms, the law requires that a product meet the ordinary expectations of the consumer. The product manufacturer; A manufacturer of component parts; A party that assembles or installs the product; The wholesaler; and The retail store that sold the product to the consumer.
In most states today, however, that requirement no longer exists, and the injured person does not have to be the purchaser of the product in order to recover. A plaintiff must be able to connect the product with the party ies responsible for manufacturing or supplying it.
The second rule that helps plaintiffs in product liability cases is that of strict liability. Thus, while a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products must give proper warnings of the dangers and risks of their products so that consumers can make informed decisions regarding Common Defenses to Product Liability Claims A defense often raised in product liability cases is that the plaintiff has not sufficiently identified the supplier of the product that allegedly caused the injury.
If the doctrine is successfully invoked, the plaintiff is no longer required to prove how the defendant was negligent; rather, the defendant is required to prove that it was not negligent.
Responsible Parties For product liability to arise, at some point the product must have been sold in the marketplace.
When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. The doctrine known as " res ipsa loquitur " shifts the burden of proof in some product liability cases to the defendant s. What is Product Liability?
There is no federal product liability law. Any person who foreseeably could have been injured by a defective product can recover for his or her injuries, as long as the product was sold to someone.
Additionally, every state has its own laws and specific statutes that will affect a product liability action. Get Free Legal Help for a Defective Product Injury Today Product liability actions are quite complex, and establishing legal fault often requires the assistance and testimony of experts.
There are three types of defects that might cause injury and give rise to manufacturer or supplier liability: Typically, product liability claims are based on state laws, and brought under the theories of negligencestrict liabilityor breach of warranty. Design Defects - Present in a product from the beginning, even before it is manufactured, in that something in the design of the product is inherently unsafe.
Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.
By eliminating the issue of manufacturer fault, the concept of no-fault, or "strict" liability allows plaintiffs to recover where they otherwise might not.
For example, an electric knife that is too dull to injure anyone would also be useless for its intended purpose. Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.
Marketing Defects - Flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.
Defective or dangerous products are the cause of thousands of injuries every year in the U. Next Steps Contact a qualified product liability attorney to make sure your rights are protected. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code, will contain warranty rules affecting product liability.
It is generally believed that, as to such products, users and consumers are the best equipped to minimize risk. There is an exception to this rule, known as the "market share liability" exception, which applies in cases involving defective medications.Week 6 Discussion A manufacturer does not have a responsibility to lessen the risk of a harmful product for the simple fact that almost ALL products have some risk of harm associated with using them, granted some more than others.
Take for example, an oven%(38). Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.
Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. To some extent the manufacturer does not have a responsibility to lessen the risk of a harmful product because every business and product have its own characteristics and in the process of lessen the risk, the product can lose it’s essential characte.
The two cases explain how a manufacturer does not have the responsibility to lessen the risk of harmful products. This is because the manufacturer's aim in any business is to manufacture products that help improve the lives of consumer.
Argue that a manufacturer does not have a responsibility to lessen the risk of a harmful product. Please support your answer using your text and Internet research. When you quote or cite a website, please list the website at. A manufacturer of a product does have the responsibility to lessen the risk of a product.
Warning labels and instructions are an important part of notifying the public of any foreseeable risk the product may cause%(35).Download