Product Liability

product liabilityand defect

What is Product Liability?

September 18, 2020

Most smartphones have become famous for their outstanding performance or features, but this wasn’t the case for Samsung’s Note 7. The model was hyped because of a major flaw i.e. its battery used to explode due to overheating. The company had to call the phones back on 15th September 2016, as a man sued the company after burning his leg from the explosion. GM Motors faced a similar problem when its faulty ignition switch led to around 13 deaths and more than 30 car accidents. A large number of product liability lawsuits were filed, and the company had to recall 26 million of its autos. So why did the companies recall their products? Couldn’t they just not claim responsibility for them? Well, the answer is no.

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The reason the customers were able to sue the company is that a business is responsible for the products it manufactures or sells. It cannot in any way provide a product that may cause harm to the user. This is known as product liability. There are laws regarding the protection of a customer which businesses have to follow. A party providing a product is legally liable for that product so a product liability lawsuit can be filed based on the following conditions:

  • Negligence
  • Breach of Warranty
  • Strict Liability

Ways You Can Sue For Product Liability Injuries?

Negligence refers to the carelessness of all parties responsible for the manufacturing phase up to the sales phase. Breach of warranty is a failure to keep up the promise or claim the company or any provider has made with the user whereas strict liability means that the provider is responsible in case of any injury even if there is no defect in the product.

The defects based on which the plaintiff files a lawsuit can be any of the following three types:

  • Design Defect
  • Manufacturing Defect
  • Marketing Defect

Despite being careful, certain products can cause harm to users if not used properly. So for that, The American National Standards Institute (ANSI) has made it compulsory for businesses to display an easily visible warning sign that shows how the product could be hazardous to the user.

Most of the laws regarding product liability are state laws so it is advised to consult a product liability lawyer as it is always best to have someone knowledgeable in the niche. Your products liability attorney can guide you on how to settle the claim along with other with assisting in other tasks.

So, the next time you are harmed due to a defective product, don’t just go to the doctor but also consult an attorney as you could even win millions of dollars by just filing a lawsuit. This would compensate for your injury and would enforce safe products across the world.

Product liability law firm often file in product liability cases is that the plaintiff has not sufficiently identified the supplier of the product that allegedly caused the injury. A plaintiff must be able to connect the product with the parties responsible for manufacturing or supplying it.