Most of the products on the market today are safe to use. However, some have construction or design defects that make them work improperly or cause harm to users. In product liability law, victims attempt to recover losses caused by defective products. Where products are harmful, the law protects users by holding the designer, manufacturer, seller or distributor responsible. However, determining responsibility requires understanding of the manufacturing and distribution processes.
Types of Defects Causing Product Liability
There are three product defect types:
* Design defect: when the product’s design is inherently unsafe.
* Manufacturing defect: when design is safe but the manufacturing methods are not.
* Warning defect: when there are insufficient instructions or warnings on the product.
Inherently Dangerous Products
Some products are dangerous straight from the factory, but the presence of danger doesn’t create liability on the maker or designer’s part. A person buying a dangerous product does so knowingly, and they, therefore, assume all risk. However, if the danger cannot be associated with a product or if the buyer wasn’t warned of the risk, the responsible party may be liable for injuries.
Product Liability Legal Theories
Depending on the case and on state law, the product liability claim may be filed based on the theories of strict liability or negligence.
* In a negligence-based case, a plaintiff must prove that the defendant’s duty breach caused their losses.
* In strict liability cases, the plaintiff’s fault cannot reduce the defendant’s responsibility.
Some areas have specific product liability laws. These define the proof needed to document a product defect, and, in some cases, they put limits on recovery. Most jurisdictions have a statute of limitations on product liability claims, and a lawyer can tell a client how state law affects their case.
Is It Necessary to Hire an Attorney in a Product Liability Suit?
A product liability claim is very complex, and having a legal advocate can maximize a plaintiff’s chances of making a recovery for their losses. An attorney with can help the client deal with issues related to a complicated product liability case.
