Product liability is the legal duty of manufacturers, distributors, and sometimes retailers to guarantee that their products are safe. If a product is faulty or hazardous and causes injury, you may file a legal claim. This branch of law seeks to shield us from products that are not safe or do not comply with safety regulations.
Product liability cases typically consider broad categories based on defects: design, manufacturing, warnings, recalls and marketing. Understanding each category can help you recognize potential hazards in your home and know when to seek legal assistance.
Design defects
Design defects occur when a product is inherently unsafe, even if manufactured correctly. The product’s blueprint contains these flaws. A classic example is a car model prone to flipping over during sharp turns due to a high center of gravity. Such a design makes the product dangerous, regardless of its assembly.
Manufacturing defects
Manufacturing defects happen during the construction or production of the item. While the product design may be safe, errors in the manufacturing process can introduce hazards. For instance, a batch of bicycles with faulty brakes due to an assembly line error is a manufacturing defect. These defects often affect only a portion of the products produced.
Warning and Marketing defects
Failure to warn or a marketing defect can involve improper instructions or failure to disclose potential risks. These defects can include misleading labels, inadequate safety warnings, or insufficient instructions. An example would be a medication without clear information about side effects or interactions with other drugs.
How to start a claim
Each state sets its own product liability laws. Usually, when a product is defective and causes injury, you can take legal action based on a a variety of different, claims to include but not limited to:
- Strict liability: You do not need to prove that someone was careless. You only need to show that the product was faulty and caused harm.
- Negligence: This involves proving that someone failed to act reasonably in making or selling the product.
- Breach of warranty: This happens when the product does not meet specific promises about its safety or performance.
Everyone involved in the logistical chain getting the product to you, from the company that made it to the store that sold it, can potentially be held responsible. This shared responsibility helps ensure that products are safe for everyone.
Product liability cases play a vital role in protecting consumers. They give people a way to get compensation if a defective product injures them. Understanding how these cases work can help you stay safe and know when to take action. If a faulty product has harmed you, talking to a lawyer can help you understand your options and protect your rights.