Personal Injury: Issues on Product Liability Law

Individuals, groups, and all entities have a “duty of care” to other individuals, groups, or entities. This means that everyone has an obligation to act in a proper manner so as not to cause danger or injury to another. Failure to do so may entail a legal obligation, especially if negligence is involved.

Product Liability Law

Manufacturers of different goods and services also have this duty of care, mainly directed to their consumers. Their failure to abide by this standard may result to Product Liability claims. Product liability states that under tort law and terms of contract, the producer of the goods are liable for any injury suffered by their consumers.

The legal basis for product liability may be negligence, strict liability, or breach of warranty. Although in general, product liability is considered as strict liability as well, because the wrong lies on the defectiveness of the product, not on the manufacturer’s neglect. Therefore, whether or not the manufacturer was careful is irrelevant, since it was the defect that caused harm.

In order to have a valid product liability case, three elements must be present: First, the product that caused harm must have a defect. Second, the defect existed when the product left the manufacturer’s control. Lastly, the defect posed risks and eventually caused injury to the consumer.

Defective Products and Liability

Recent recalls of vehicles made people associate defective products just with cars. However, a defect can be present in virtually any manufactured product. Aside from defective car parts, children’s toys, appliances, electronic gadgets, and even medicines can have flaws, which can be manufacturing, design, or marketing-related.

A product liability claim can be filed against every person or entity involved in the production of the flawed product. Personal injury liability may be directed at the manufacturer, distributor, assembler, supplier of raw materials, and even the retailer or the store that sold the product.

Avoiding Product Liability Claims

Even if the defect on the product is present, consumers and retailers can do something to avoid facing a product liability lawsuit. The easiest way is to regularly check news from the Consumer Product Safety Commission about any recent product recalls. The following information regarding the product should be noted.

•        brand name

•        hazards

•        location of manufacturer

•        manufacturing company

•        product description

•        recall dates

•        type

•        Universal Product Code, if available

Plaintiffs can recover damages for medical expenses, hospital bills, lost wages, pain and suffering, and other expenses if their product liability claims are successful.

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