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Products
Liability- An Overview
Defective
or dangerous products are the cause of many thousands of injuries every
year. “Product liability
law,” the legal rules concerning who is responsible for defective or
dangerous products, is different from ordinary injury liability law, and this
set of rules sometimes makes it easier for an injured person to recover
damages.
Product
liability refers to a manufacturer or seller being held liable for placing
a defective product into the hands of a consumer. Responsibility for a product defect that
causes injury lies with all sellers of the product who are in the
distribution chain. Potentially
liable parties include: the manufacturer; a manufacturer of component
parts; the wholesaler, and the retail store that sold to the end consumer.
In
general terms, the law requires that a product meet the ordinary
expectations of the consumer. When a
product has an unexpected defect or danger, the product cannot be said to
meet the ordinary expectations of the consumer. You may bring a products liability lawsuit
if you are injured by a product that is unreasonably dangerous when put to
is reasonably anticipated uses.
In most
states today, an injured person does not have to be the purchaser of the
product in order to recover from the manufacturer or seller of the product
under a product liability theory.
Consumer Protection Law and
Agencies
Numerous
federal and state statutes, regulations, and safety orders concerning a
variety of products might be helpful in proving a product liability
case. Showing that a defendant
violated a statute or other applicable regulation gives a plaintiff an
outstanding advantage. In addition,
legislation such as the Consumer Products Safety Act might provide for a
direct civil action by an injured consumer.
Also, there are specific federal statutes that address products such
as aircraft, automobile equipment, boats and boating equipment,
insecticides, medical devices, hazardous substances, highway safety,
household refrigerators, packaging to protect children, mobile homes, motor
vehicles, natural gas pipelines and occupational safety and health.
Manufacturing Defects vs. Design
Defects
Product
defects are generally put into three categories: design defects,
manufacturing defects, and marketing defects. Marketing defects are defects in the
manner in which a product is sold.
This type of defect can include inadequate warnings and/or
instructions. Design defects are in
a manner of speaking, intended. This
type of defect is inherent in the design of the product. Manufacturing defects on the other hand
are defects that were not intended.
Each of these defects can lead to liability of the manufacturing or
selling company.
Responsibility for Defective
Products
The
rules on who is responsible for a defective product, and what must be
proven in court to hold them liable, vary from state to state. In most states, the parties who may be
held liable include:
·
The manufacturer
·
The designer
·
The manufacturer of component parts
·
Someone who modified the product
·
The wholesaler
·
The dealer or retail seller
Laws in
some states provide that a retail seller or wholesaler may not be held
liable for a defective product unless the product was manufactured to the
seller’s or wholesaler’s specifications, or unless the seller
or wholesaler modified the product in some way.
Special Considerations In A
Product Liability Case
If you
have been injured by a defective or dangerous product. It is important that you consult an
experienced product liability attorney as soon as possible. The attorneys at Bauer & Baebler,
P.C. have the experience necessary to prosecute your products liability
case to a successful conclusion.
Product liability cases are often quite complex, and will require an
attorney’s expertise from the beginning in order to ensure all
relevant evidence and potential claims are preserved.
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