What to Know Before Filing a Product Liability Claim

by | Sep 11, 2015 | Lawyer

Dangerous or defective products needlessly kill or injure people. Under the product liability law, product manufacturers are equivalent to sellers, and sellers are not only liable for the negligence in designing, manufacturing and marketing the product but are also considered the guarantors of the safety of their products, under a theory of strict product liability. Since there is no federal liability law, a product liability claim is based on state laws and is usually brought under theories of breach of warranty, strict liability and negligence. Additionally, a set of commercial statutes in each state stipulate the warranty of rules affecting product liability so, to ensure that a product liability case is handled professionally it is imperative to hire the services of an experienced product liability attorney, a professional who has handled numerous product liability cases before successfully and who will work diligently to ensure the injured person is adequately compensated. Here are some important details to before filing a product liability case.

Parties Liable for a Defective Product
Under the product liability law, liability for faulty or defective products can rest with any party in the product’s chain of distribution. These parties may include:

  • The manufacturer of the products.
  • The manufacturer of product components or parts.
  • The party that installs or assembles the product.
  • The wholesale.
  • The seller of the product.
    For the theory of strict liability to apply, the product must have been sold in the regular course of the supplier’s business; therefore, a person who sells a product at a garage sale may not be liable in a product liability case.

Types of Product Defects
There are three major types of product defects: manufacturing defects, design defects and marketing defects. Manufacturing defects occur when assembling or manufacturing the product, while design defects occur when the design of the product is inherently unsafe. Marketing defects occur when the product is marketed wrongly, e.g. due to insufficient instructions, improper labeling or inadequate safety warnings.

The processes of filing a product liability claim can be long and complicated, especially if a person does not have an in-depth of the injury law; thus, it is important to hire a lawyer to provide the necessary support and counsel. For additional information about product liability cases.

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