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The Basic Types of Product Liability

| Jan 9, 2015 | Uncategorized |

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:

Manufacturing Defect
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.
Design Defect
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.
Marketing Defect
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.