:: Product Defects
Product Defects Law, which is more commonly known as products liability, refers to the liability a business incurs for placing defective products into the market place. Importantly, all of the parties involved in building and placing the product into the market place are jointly liable for any injuries the product should cause once it gets into the hands of a consumer. 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).
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" Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw."
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The reasoning behind holding all of the parties liable is that if they were to all disclaim liability for the defect, a consumer might be unable to prove who created the defect. If this were to occur, the consumer would then be unable to obtain compensation from the party who created the defect. As a result the courts have decided to hold all of the parties in the chain of supply liable so that the consumer will not suffer their denial of negligence.
Importantly, manufacturers are only strictly liable for defective products that cause injuries. Therefore, a threshold requirement for an injured consumer is to show a product to be defective. Exactly what constitutes a defect remains imprecise, but courts agree that there are three separate types of defects: Design Defects, Manufacturing Defects, and Defects in Warning.
Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. Manufacturing defects occur during the construction or production of the product. Only a few out of many products of the same type are flawed in this case. Defects in Warning occur when improper instructions about how to use a product are given, or the instructions and labeling fails to warn consumers of latent dangers in the product.
Consumers should know that products liability is generally considered a strict liability offense. Strict liability offenses do not depend on the amount of caution used by the manufacturer when designing, building or testing the product. Bottom line, a company is liable when it is shown that the product the company produced, sold, or manufactured is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it, not the consumer.
:: Contact Me
If you or a loved one has been injured due to a defective product, I can assist you in obtaining compensation for your injuries. I encourage you look through my site, examine my credentials and contact me so that I can discuss your case with you. I will give you a thorough analysis of your case and explain your legal rights regarding the accident. There is no charge and I am available to meet with you at your home, at your work, or at our office to accommodate your schedule.
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