Product Liability

In legal terms, product liability refers to physical injuries, financial loss, and other harm caused by a product.

When a product liability claim is filed, it is based on one of three things: defective design, defective manufacturing, or failure to warn consumers about possible risks.

Every year there are thousands of products recalled due to some defect. Examples of recent defective products include, but aren’t limited to: tires, airbags, brakes, car seats, seat belts, Teflon, and helmets.

Current laws impose strict liability on corporations and people who make defective products. Strict liability, as it applies to product liability, holds everyone involved in the manufacturing of a product accountable for any personal injury caused by that product.

There are four ways to establish liability: negligence, breach of warranty, misrepresentation, and strict liability.

Negligence in a product liability case concerns responsible parties who did not exercise reasonable care during the creation of a product. For example, if someone was injured by a carelessly assembled piece of furniture, the manufacturer might be considered negligent.

Breach of Warranty occurs when a product fails to uphold claims or promises made by the manufacturer.

Misrepresentation refers to any advertising about a product that misleads you to believe the product is safer than it really is. Misrepresentation also refers to advertising that fails to inform you of the potential risks of their product.

Strict liability holds all manufacturing parties responsible for a defective product that causes injury to a consumer.

If you feel you’ve been a victim of a defective product and have sustained injuries as a result of using a product, please fill out the form on this website for a free evaluation by an attorney.