What is Product Liabilty Law?
December 28, 2015 @ 9:30 am
Product liability is a legal concept indicating that manufacturers and retailers are responsible for injuries or damage caused by their goods and services. Legal claims may be related to a duty to warn, design defects, construction/composition defects, and breaches of implied warranties, which are implicit assurances that require products to have certain attributes.
Design Defects and Manufacturing Defects
If a product causes personal harm, the materials and devices that were used to create the item will be analyzed to determine if the manufacturer is at fault. In some cases, experts may also compare properly functioning products with inadequate counterparts.
When an item has a design defect that has caused personal injury, a lawyer is not required to prove that the specific item was defective. In contrast, the attorney must only offer evidence indicating that the structure of the product is inherently inadequate and may cause injuries under regular circumstances. Furthermore, a court can rule that a product has a design defect if the item does not meet the regular expectations of the vast majority of customers.
A Duty to Warn
If a product has the potential to cause harm, a manufacturer is typically required to provide a label that warns of possible injuries, such as electrocution, drowning, suffocation or burns. Instead, some manufacturers put warnings in pamphlets that come with many products. However, courts often recognize that these warnings are not valid because a very low percentage of customers will read the fine print in these pamphlets.
The Impact of Assurances
A company could cause injury if the business breaches an implied warranty, which may be oral or written. This type of guarantee indicates that a product is capable of completing a specific task, and according to the current laws, a company’s goods are required to conform to the basic standards of the enterprise’s industry. Additionally, an item must meet the specifications that are indicated on the product’s label.
Evaluating the Effects of Each Personal Injury
Our experienced lawyers can create a list of adverse events that were precipitated by a product or its manufacturer. These claims may be related to emotional distress, physical injuries or time that has been lost. The attorneys at MMRB will calculate the monetary cost of each adverse consequence and can provide evidence that shows the long-term effects of every injury.
If you believe your injuries or personal damages were the result of a faulty product or negligent service, contact the attorneys at Morrow, Morrow, Ryan & Bassett. With over 40 years of legal experience, we can help ensure you receive appropriate compensation for any damages incurred by a responsible party.
