What constitutes a products liability claim?

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on where the claim originates. Most of the time, products liability is considered a strict liability offense. This means that the plaintiff only has to prove that there is a defect in the product. Then, the manufacturer or supplier causing the damages is considered to be 100% responsible regardless of any degree of carefulness on their part or any lack of care by the consumer, nullifying any possibility of comparative or contributory negligence.

If you have a potential product liability claim, contact Jeff Green now to assure your rights are preserved.

What is a Product Defect?

There are three types of product defects that can incur liability for manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent defects that exist before the product is manufactured. Manufacturing defects occur during the construction or production of the product, and defects in marketing involve improper instructions for safe use or operation of the product and/or failures to warn consumers of latent dangers in the product.

Who can be held liable for a products liability claim?

Some people know that a manufacturer can be held liable for damages and injuries caused by their own defective product. However, most people may not realize that sellers of the product (including everyone between the manufacturer and reseller, such as wholesalers and distributors) may also be liable for the damages.

Defective Products Cause Injury & Death at Home, at Work & on the Road

Unsafe products and product defects can cause serious injury or may lead to a wrongful death in many different environments, including:

• Auto defects include tire blowouts or malfunctioning seat belts or air bags;
• Industrial machinery may lack safety guards or may malfunction;
• Medical implants, such as hip replacements, pace makers and defibrillators can fail;
• Scaffolding and construction equipment may be defective and cause serious injury or death;
• Tools and implements, such as power saws or lawnmowers, may be negligently designed, lack sufficient safety warnings, or be manufactured improperly;
• Consumer products may have inherently dangerous design, improper instructions or inadequate warnings of hazards;
• Baby products such as cribs, strollers, toys and even clothing may have inadequate warnings or a negligent design that put infants at risk;
• Dietary products and supplements may be pushed to market without adequate safety studies; and
• Products imported from other countries with lower safety standards, such as some Chinese products, may cause injury in the United States.