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Product Liability


What is Product Liability

Product liability is the legal theory that protects consumers and holds manufacturers, suppliers, distributors, retailers and others associated with making consumer products sold and available to the general public responsible for injuries caused by their products. The claims most often associated with product liability, which is usually determined at the state level and, therefore, varies from state to state, are strict liability, negligence, breach of warranty, and a variety of consumer protection claims. In the product liability area of law, the term “product” is usually restricted to referring to tangible personal property.

There are several major types of claims of product liability, including manufacturer defect, design defect, and failure to warn, also commonly referred to as marketing defects. These claims are based on bad workmanship or poor-quality materials, inherently dangerous or defective product design, and failure to warn the consumer of non-obvious and inherent dangers of a product, respectively.

There are three main types of breach of warranty, which is defined as a statement by a seller or manufacturer regarding a product during a direct commercial transaction between the injured party (buyer) and seller (or manufacturer). Each involves breach, as in breach of an express warranty, breach of an implied warranty (of merchantability), and breach of an implied warranty (of fitness for a particular purpose).

There are different versions of negligence, though, in general, a basic negligence claim against a seller or manufacturer consists of proof of the following elements, namely: a duty owed, a breach of that duty, the breach was the actual cause of plaintiff’s injury, and plaintiff suffered actual damages (injury) from negligence.

Another alternative to negligence under product liability claims is strict liability, which is concerned with the product rather than behavior of the manufacturer. Strict liability claims that the manufacturer of a product is liable if that product is defective, regardless if the manufacturer was negligent during production of the defective product.

Finally, many U.S. states have their own consumer protection statutes, which provide for specifically outlined remedies for a number of product defects. Usually, these statutory remedies cover product defects that may not cause physical injury to the plaintiff, but rather cause economic loss due to the defective product being unusable.

How does Product Liability Affect You?

If you have been injured by a product or consumer good that harmed you without any fault of your own, or you own a product that unexpectedly malfunctioned and caused damage to you or your property, you may have a claim and a legal case against the manufacturer, and associated parties as outlined above, for product liability.

Who is Liable in a Product Liability Lawsuit?

The manufacturer of a product has a duty to produce a product that is as safe as possible to the public. If this can not be achieved, the manufacturer has the legal obligation to warn and notify users and buyers adequately of the dangers associated with the use of the product. Usually, product liability laws are overseen by state law, though federal law can preempt state control in certain cases. During a product liability lawsuit, the plaintiff will need to prove his or her case of injury or damage caused by a product under the laws of product liability.

What are Your Remedies if you have been affected by Product Liability?

If you have been a victim of product liability under your state’s product liability laws, you can pursue a product liability lawsuit against the manufacturer or seller of your defective product.

How can Product Liability Lawsuit Funding Help Your Case?

Depending on the nature and complexity of your product liability case, and the particular manufacturer or seller of the defective product, a product liability lawsuit can be a drawn out process, especially if the defendant is a large company with an experienced legal team. These lawsuits can become very expensive for the plaintiff fighting for a product liability lawsuit settlement. Not only are there legal expenses, including attorney and legal experts fees, and filing fees, but there may also be costly medical, travel and living expenses that need to be covered during a product liability lawsuit. Product liability lawsuit funding can be a very beneficial solution for those in need of legal or presettlement funding. To learn more about product liability lawsuit funding, contact one of our experienced legal funding experts at Nexus Legal Cash for more information.

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