Consumers face product liability risks every day. When someone is harmed by a product with inherent defects, that person can seek damages from the company or companies responsible.
The Basics of Product Liability Law
A design flaw or the manufacturing process can cause a defect that harms someone. In addition, injuries can result from variables such as improper or inadequate instructions or a lack of warning about a product’s dangers. Whatever the cause, product liability laws put the responsibility on the members of the distribution chain, from the designer to the retail store.
Product Liability Theory
An injured plaintiff may file a claim under one or all of the three following theories: strict product liability, negligence, and breach of warranty.
Strict liability claims can apply to any products sold to the public. A plaintiff can file a strict liability lawsuit against the defective product’s manufacturer, distributor, or retailer. In some cases, more than one of those parties is a named defendant in the case. In a strict liability case, the plaintiff must show that he or she used the product reasonably or as it was intended, and that a defect led to injuries.
Negligence claims seek to prove that the manufacturer and/or seller breached their duty to provide a safe product to the consumer. When those parties allow a consumer (or several consumers) to use an inherently defective product that causes injuries, those harmed may file a product liability claim.
Breach of warranty claims show that a product did not conform to the manufacturer’s warranty of a product, whether it was expressed or implied, and the consumer suffered harm as a result.
From the designer to the retail store, any party that fails to uphold their duty to the consumer must be held responsible for unsafe and defective products they allow on the market. It is not about whether they exercised appropriate care or not. Rather, it is about whether someone was hurt or died as a result of their failure.
If a defective product harmed you or a family member, our team can seek compensation for medical bills, lost wages, pain ​​​​​​​and suffering, and other losses. We welcome you to contact our firm at 619-238-1811 to speak with an experienced lawyer today.
