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Product Liability Claims

| Oct 11, 2019 | Blog, Product Liability |

Product liability law provides a way for people to seek personal damages from injuries caused by faulty products. Depending on the circumstance for which the product was faulty, one could sue “any or all parties along the chain of manufacture.” [1] A manufacturer can be subject to liability claims when their product’s ordinary expectations are not met by the consumer.

While products liability law does not exist federally, claims are brought up with regard to state laws and are based on negligence, breach of warranty, or strict liability. [2] The laws that most states have adopted surrounding product liability are taken from tort law and can mostly be found in Article 2 of the Uniform Commercial Code which deals with the sale of goods. [1]

One must be able to prove personal damages were sustained through a faulty product with a valid products liability claim. Product liability claims can be broken up into 3 different categories for which a case may fall, these include defective manufacture, defective design, or failure to warn. [3]

In defectively manufactured products claims the product would have been flawed while being fabricated, thereby leading to the consumer’s personal injury. An example of a defectively manufactured product would be one that was cheaply or shoddily put together. The personal damage causing faultiness of the product could otherwise be fixed by using better quality parts or by putting the parts together properly. [4]
Defective design claims would need to prove that the design of the product itself was at fault for injuries sustained. The entire line of products would need to be defective in the same way despite the manufacturer producing the product properly according to design plans. [3]

Manufacturers may also be held liable for personal injuries if they did not provide adequate warning or instructions on a potentially harmful product. It is the manufacturer’s responsibility to remain knowledgeable of and properly warn the consumer, in clear and understandable language, of any potential harm. [5]
Regardless of the type of product liability claim, it is important that the plaintiff can prove they suffered a personal injury or loss as a result of using a defective product. It must further be proved that the product’s defect is what caused the damages and that the plaintiff was using the product as intended. [6]

References:

[1] “Products Liability.” Products Liability. N.p., n.d. Web. 13 Aug. 2015. https://www.law.cornell.edu/wex/products_liability

[2] “Product Liability Law.” FindLaw. N.p., n.d. Web. 13 Aug. 2015. http://injury.findlaw.com/product-liability/product-liability-law.html

[3] “Types of Defective Product Liability Claims | Nolo.com.” Nolo.com. N.p., n.d. Web. 13 Aug. 2015. http://www.nolo.com/legal-encyclopedia/types-of-defective-product-liability-30070.html

[4] “What Is a “manufacturing Defect”?” RSS 20. N.p., n.d. Web. 13 Aug. 2015. http://www.rotlaw.com/legal-library/what-is-a-manufacturing-defect/

[5] “”Failure to Warn” in a Defective Product Case – AllLaw.com.” AllLaw.com. N.p., n.d. Web. 13 Aug. 2015. http://www.alllaw.com/articles/nolo/personal-injury/failure-to-warn-defective-product-case.html

[6] “Proving a Defective Product Liability Claim.” Nolo.com. N.p., n.d. Web. 13 Aug. 2015. http://www.nolo.com/legal-encyclopedia/proving-defective-product-liability-claim-29531.html