Personal Injury Lawyer Source

Product liability exists because manufacturers have a legal responsibility of the safety to their consumers. When consumers are injured or harmed by a product while using it in its intended manner, product liability is present. product liability does not just include manufacturers but wholesalers, designers, retailers, and anyone involved with the product being sold to the consumer.

Over time law has taken the stance of imposing strict liability in regards to product liability on any individual or company making defective products. The premise of product liability assumes manufacturers and product sellers must exercise a certain degree of consumer protection. The failure to provide warnings when knowledge of hazardous products exists, not ensuring that a defective or malfunctioned part is not used in their products, or a fault exists that makes the product unsuitable for the purposes of its purchase means that product liability is present.

More common product liability cases include a misrepresentation in what the products are capable of by failing to adequately warn of potential risks through marketing or advertising, design defects, and manufacturing errors. Product liability cases can take shape in four different ways depending on the injuries sustained and the specific defective product. Strict product liability cases find everyone involved in making the defective product accountable for the injuries. Every injury that the consumer experienced is the manufacturers or seller's responsibility in strict product liability cases.

Other product liability cases may involve negligence, breach of warranty, or misrepresentation. A negligent product liability case finds that the manufacturer did not properly exercise enough care to avoid consumer harm and injury. Breach of warranty product liability is when the seller makes a claim that is not supported. Product liability law anticipates that when a company makes a claim they will follow through with it. When a misrepresentation product liability exists it finds the company used advertising or marketing to enhance their product to appear safer than it really is. Product liability attorneys exist to defend the personal injuries sustained by defective products.

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Product Liability