Manufacturers and retailers have a responsibility to ensure the safety of the products they market. If a manufacturer or retailer fails to adequately warn consumers of potential risks associated with their products, they can be held liable for any injury sustained as a result of contact with the faulty product; this is known as product liability law.
Product Liability Law
Product liability law is designed to protect consumers and to provide financial assistance to victims injured by faulty products. Products liability holds companies responsible for the safety of a wide range of products. Toys that harm children, an auto defect such as a faulty air bag, and defective drugs are all examples of goods that can be the subject of products liability litigation.
Strict Liability
Strict liability applies to cases of products liability in federal courts and state courts within your state. Products liability, under strict liability, holds manufacturers and retailers responsible for damages sustained by victims even if the manufacturer or retailer did not know that the product was defective. Regardless of knowledge or intent, an entity can be held responsible for injuries sustained by a victim if the plaintiff can prove the following: 1) the product that the entity made or sold was, indeed, faulty; 2) the product caused the victim to sustain the injuries in question; and 3) the product has since been rendered hazardous.
Products Liability Cases
During products liability litigation, the plaintiff has the burden of proof. This means that it is the responsibility of the plaintiff and his or her products liability lawyers to prove that any injuries sustained were the result of a defective product. Further, the plaintiff and his or her products liability lawyers must also prove that strict liability applies to the defendant by proving one of the following violations:
- Negligence
Negligence occurs when a manufacturer or retailer fails to take proper precautions to ensure the safety of the products it markets. Careless inaction or action on the part of the company must be proven in order for the plaintiff to be compensated under products liability. - Misrepresentation
When an entity makes false claims in order to market a product, consumers may be led to believe that a product is safer than it really is. If a company maliciously markets a product by falsely testifying to its safety or distracting consumers from inherent risks associated with the product, the company can be held liable under products liability. - Breach of Warranty
National and Pennsylvania products liability law requires entities to honor promises and claims that they have made about their products. If the organization or individual does not uphold the agreement made with the consumer, it is liable for damages suffered by the victim. In such cases, the law requires the manufacturer or retailer to recompense the victim for any losses, injuries or death.
Product Defect Lawyer
If you or a loved one has been injured or harmed because of a product defect, it may be necessary to consult with an experienced product liability lawyer that is familiar with your state laws.
