Have You Been
Hurt by a Defective Product? Then You Have a Case and You Need a Product
Liability Lawyer.
Product liability refers to the liability of any or
all 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. While products are generally thought of as tangible personal
property, products liability has stretched that definition to include
intangibles (gas), naturals (pets), real estate (house), and writings
(navigational charts).
Product Liability Claims...in More Detail
Product liability claims can be based on negligence, strict liability,
or breach of warranty of fitness depending on the jurisdiction within
which the claim is based. Many states have enacted comprehensive products
liability statutes. These statutory provisions can be very diverse such
that the United States Department of Commerce has promulgated a Model
Uniform Products Liability Act (MUPLA) for voluntary use by the states.
There is no federal products liability law.
In any jurisdiction one must prove that the product is defective. 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.
Product 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 isdefective. 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.
Attorneys listed in this practice area typically represent individuals
(Plaintiffs) who have been injured or have a loved one that has been injured
or killed due to the use or operation of a defective product, such as
a defective airplane, automobile, lawnmower, bicycle, toaster or other
appliance, etc.
An Attorney For You is a free consumer service. We are
not a law firm. We help consumers find the best representation for their
legal needs. Our service allows the consumer to review responses by many
law firms. This process introduces competition amongst the law firms and
allows the consumer to find superior legal representation.
Fill out one simple form and get responses from Product liability
attorneys competing for your case. Email up to 10 law firms in one click;
you review the responses in order to choose the right attorney for you.
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