What Is A Products Liability Claim?
Products liability refers to the liability of all parties along the manufacturing chain of a product for injury or damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer, or someone to whom the product was loaned, given, etc., are the bases of products liability suits.
Products liability claims can be based on negligence, strict liability, or breach of warranty. Generally, one must prove that the product is defective. There are three types of product defects that incur liability for manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. For example, while the item might serve its purpose well, it can be unreasonably dangerous because of a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Here, only a few products out of many produced are flawed. Defects in marketing typically involve improper instructions and failures to warn consumers of hidden dangers in the product. Our job is not only to assist victims injured by defective products to receive compensation, but also to try to ensure that others are not hurt by the same defect in the future.