parties along the chain of manufacture of any product
for damage caused by that product.
This includes the manufacturer of component parts (at the top of the chain), an
assembling manufacturer, the wholesaler, and the retail store owner (at the bottom
of the chain). Products containing inherent defects that cause harm to a consumer
of the product, or someone to whom the product was loaned, given, etc., are the
subjects of products liability suits.
Product liability claims are normally
based on negligence, strict liability, breach of warranty of fitness, and breach
of express and/or implied warranties.
In order to prevail on a products
liability claim, you must normally prove that the product was defective at the
time it left control of the manufacturer/distributor/seller. There are three types
of product defects that incur liability in manufacturers and suppliers: design
defects, manufacturing defects, and defects in marketing. Design defects are inherent;
they exist before the product is manufactured. While the item might serve its
purpose well, it can be unreasonably dangerous to use due to a design flaw. On
the other hand, manufacturing defects occur during the construction or production
of the item. Only a few out of many products of the same type are flawed in this
case. Defects in marketing deal with improper instructions and failures to warn
consumers of latent dangers in the product.
Products Liability is generally
considered a strict liability offense. Strict liability wrongs do not depend on
the degree of carefulness by the defendant. Translated to products liability terms,
a defendant is liable when it is shown that the product is defective. It is irrelevant
whether the manufacturer or supplier exercised great care; if there is a defect
in the product that causes harm, he or she will be liable for it.
If you
believe you have been injured by a defective product, call us!
