Dangerous Defects: A Closer Look At Product Liability Lawsuits

Manufactures have a duty to make safe products

. If they are unable to do so, then they have an obligation to warn buyers of those potential dangers. A product liability lawsuit occurs when someone is injured as the result of a defect in a product that rendered it unsafe for use. A lawsuit can be brought against the designer, manufacturer, or retailer providing the defective product.

Product liability lawsuits can be based on one or more of the following causes of action: negligence, breach of warranty, misrepresentation, or strict liability. Negligence is used if the manufacturer failed to exercise reasonable care in the production, design, or assembly of the product, and that negligence resulted in injury.

When a product is sold, the law assumes that the seller is providing certain promises or warranties regarding the product. If the manufacturer or seller fails to fulfill those promises, then a breach of warranty may occur.

Sellers that promote or advertise a product in such a way as to mislead the consumer regarding the safety of a product, and it can be shown that the consumer relied upon those representations, may find themselves on the receiving end of a lawsuit for misrepresentation.

The final cause of action, strict liability, casts the broadest net, as it allows all individuals who might be injured by a defective product to sue a manufacturer for damages, even if the manufacturer was not negligent.

Typically, a plaintiff is entitled to damages in a product liability lawsuit if they can prove the product was defective when it left the manufacturer, and that the defective product caused injury that resulted in damages. Fault is not always easy to determine, particularly if the manufacturer can show they were not responsible for the last or immediate case of an injury.

Product liability lawsuits can be very complex, expensive, and time consuming. Given the various causes of action that may be relevant to a claim, and that there may be multiple parties held liable for resulting injuries, it may be advisable to contact an attorney that specializes in product liability law.

by: Phillip Stone

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