When an individual uses and is harmed by an unsafe product, it might be
possibility to claim product liability as a reason for filing a lawsuit
against the producer or store that willingly sold you the product. Product
liability is mostly related to defects in the product that render it unsafe
for common use. These usually occur when a product is improperly assembled
as a result of negligence (either in design or upon production), or external
factors that were employed in the creation of the product.
Types of Liability
Product liability claims are subdivided into three major parts:
These occur during the manufacturing process, usually due to low-quality
materials and poor workmanship. These could also be caused by machinery
failures, where the template for production was not followed.
This happens when the product design itself is defective and not well
thought of. Regardless of how seamless the manufacturing is, the final
product will still be defective because of how it is designed.
This is the failure-to-warn type of defect. Despite the product being
well-designed and well-made, the lack of adequate warnings could pose
danger to the consumer and possibly cause injuries.
Bases of Liability
Negligence: the absence of or failure to exercise appropriate care. The
manufacturer or responsible parties did not engage in a standard of production
that would be considered reasonable in the industry. In manufacturing,
this may mean inattention to the production process or unsafe procedures.
Breach of Warranty: manufacturers who are unable to fulfill the promises
of a warranty may be used for product liability, provided the claim fell
within the limits of the liability.
Proving Product Liability
To have a solid case of product liability, one must be able to prove that
the product was already defective at the time of purchase (or when it
left the hands of the seller or manufacturer), and that the defect was
what caused injury. If you feel you have grounds for a liability lawsuit
and are wondering how you can find justice call the Kyle Law Firm so we
can start a product liability lawsuit on your behalf today.