Product Liability Lawsuits - General Information

Product liability refers to a manufacturer's strict or absolute liability for personal injuries caused by defective products. In these types of situations, it does not matter if the defect was made intentionally, knowingly, recklessly, or negligently.

Consumers that suffer an injury as a result of a design defect, manufacturing defect or marketing defect may be able to bring a claim against the owner of the product for product liability. A breach of warranty may also occur. In order for a plaintiff to have a successful case, the plaintiff needs to prove that the product manufacturer owed them a duty, they breached the duty, it was the proximate and cause in fact of the injury, and that an injury was actually sustained by the plaintiff.

Strict liability is offered on products so that a standard of care is used in the manufacturing process. If product owners were able to sell large amount of defective product with no repercussions, then there would be many consumers who would be living with long-term injuries with no damage award. It forces manufacturers to use safety precautions when making the item.

For strict liability to work, the manufacturer must be normally engaged in the business of selling the product, it is an unreasonable danger, the plaintiff is subjected to physical harm which was proximately caused by the defective product. It is important to note that the product must not have been substantially changed by the plaintiff and that the defect was present at the time of sale.

Involving an attorney when you are ready to commence a court proceeding is the ideal choice. They have the aptitude and skill set to properly evaluate your case file. A qualified attorney will be able to perform case research, motions, legal paperwork, negotiations, appearances, and correspondences. You will be able to rest easy knowing that you case file is being handled appropriately.