Product Liability Lawsuit

Injury alone is not enough to warrant a product liability lawsuit. A consumer must be able to prove that the product was actually defective. In a product liability lawsuit, defective means that the product was unreasonably dangerous. There are three types of potential product defects that incur liability to manufacturers and suppliers: product design defects, product manufacturing defects, and defects in the marketing of the product.

Product Liability Lawsuit

Product liability claims should charge all entities involved in the production and distribution of a product, not just the manufacturer. All parties involved in the product reaching the marketplace may be liable to bear responsibility for any damages resulting from the product. These parties could include distributors, retailers, wholesalers, repairers, assemblers, component suppliers and testing laboratories.

In order for a product liability lawsuit to be successful the plaintiff must show either negligence, strict liability, or breach of warranty. For negligence there must be proof that the defendant owed a duty to the consumer, that they breached this duty, and that injury resulted from this breach of duty. Strict liability is slightly different than negligence. Strict liability is only concerned with the defective product, not any knowledge or fault on the manufacturer’s part. Beach of warranty is concerned the fact that every product comes with an implied warranty that it is safe for its intended use.

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