October 16, 2014
When you make a purchase, whether a car or a child’s toy, you expect the product to be free of defects and safe for use.
Companies are responsible for making sure that the products they sell are safe. If a product is deemed defective or unsafe and is considered to be dangerous if used, it is the responsibility of the company to correct the product issue.
If a company does not prioritize their customer’s safety, the company could be considered liable.
What is Product Liability?
What exactly is product liability? To put it simply, product liability denotes numerous laws and court rulings, which apply to businesses that either make or sell a product.
Product liability essentially holds manufacturers responsible if a product causes damage, but there are exceptions. Different parties responsible for the production and manufacturing of the item can be held liable too. These could be the assembling manufacturers, the wholesalers, and the storeowner.
Different Types of Product Liability
A defective product is determined to be dangerous to a consumer who would use it in the intended way. Product liability claims generally fall under one of three major types:
- Manufacturing defect
- Design defect
- Marketing defect—such as insufficient instructions or warnings
Elements of Product Liability
In order for a product liability case to be considered negligent, it has to have four specific elements present. These four elements are:
Duty: The defendant/manufacturer owes a duty to the plaintiff.
Breach: There was a breach in this duty.
Injury: There has to be an injury or some sort of damage.
Quantifiable Damages: The client suffered an injury, which has quantifiable damages.
If you think you have a product liability claim, you need experienced legal professionals on your side. Cases involving product liability can be difficult because there could be numerous defendants involved in the manufacturing process.
The legal team at the Khonsari Law Group can help you determine if you have the necessary grounds for a claim and they can help you identify possible defendants and include them in your claim.