Product Liability
What is Product Liability?
(according to Lexus)
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. 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.
Product liability cases turn not only on whether there was an injury from using the item but also on whether the product was defective or unexpectedly dangerous. A "defective product" is a product that causes damage or injury to a person as a result of some defect in the product itself, its labeling, or its intended use. A manufacturer or seller of a defective product can be held liable for injuries arising from its use. All states have some form of products liability.
Types of Defects
Three basic types of defects exist:
Liable Parties
The manufacturer, the seller, and/or anyone who repaired or modified the product may be held responsible for injuries caused by the product's defect. Sellers encompass everyone in the chain of commerce, including resellers such as wholesalers and distributors, even if they didn't know of or cause the defect.
If you were hurt or injured due to the defect in a product, such as not providing sufficient warnings or faulty design, call us.
(according to Lexus)
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. 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.
Product liability cases turn not only on whether there was an injury from using the item but also on whether the product was defective or unexpectedly dangerous. A "defective product" is a product that causes damage or injury to a person as a result of some defect in the product itself, its labeling, or its intended use. A manufacturer or seller of a defective product can be held liable for injuries arising from its use. All states have some form of products liability.
Types of Defects
Three basic types of defects exist:
- Manufacturing Defect: The product is well designed, but the way in which it was made makes it unsafe, e.g., the type of plastic used in production may have been weak, thereby causing the plastic to break when it should have been sturdier.
- Design Defect: The design of the product is unsafe, so the entire product line is unreasonably dangerous. Design defects also apply to the way a product is packaged, e.g., failure to use childproof containers for drugs.
- Insufficient Instructions or Warnings: The manufacturer may design a product that is perfectly safe and has no manufacturing defects but fails to include proper warnings or instructions for safe operation.
Liable Parties
The manufacturer, the seller, and/or anyone who repaired or modified the product may be held responsible for injuries caused by the product's defect. Sellers encompass everyone in the chain of commerce, including resellers such as wholesalers and distributors, even if they didn't know of or cause the defect.
If you were hurt or injured due to the defect in a product, such as not providing sufficient warnings or faulty design, call us.