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The Basics Of Product Liability

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Product Liability

Every year in the United States, thousands of people suffer from injuries caused by defective or dangerous products. To address this issue, there is a specific area of law known as “Product Liability” which outlines who is responsible for these types of products and differs from traditional injury law. This legal framework provides a means for individuals to recover compensation for injuries and damages caused by defective products.

Product liability places responsibility on manufacturers or sellers for providing a product that is free from defects and safe for consumers to use. All parties involved in the distribution chain of a product can be held liable if the product is found to be defective and causes harm. The law requires that products meet the ordinary expectations of consumers and if a product has an unexpected defect or danger, it is considered to be a failure to meet these expectations.

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Types Of Product Liability Claims

Design Defects: A product is considered to have a design defect when the product is inherently dangerous or defective due to the way it was designed. For example, a ladder that is designed with weak or insufficient rungs that can break easily is considered to have a design defect.

Manufacturing Defects: A product is considered to have a manufacturing defect when a problem occurs during the production process that causes the product to be dangerous or defective. For example, a car that is manufactured with a faulty brake system is considered to have a manufacturing defect.

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Marketing Defects: A product is considered to have a marketing defect when it does not come with adequate warnings or instructions for safe use. For example, a power tool that does not come with a warning about the risk of electric shock is considered to have a warning defect.

Product Liability Claims Are Based On State Laws

When an individual is harmed by a defective product, the basis for product liability claims is determined by state laws, which can differ from state to state. Thus it is extremely important to get in touch with a Denver product liability lawyer in no time if you or your loved ones have been the victim of product liability.

Some of the ways that these laws may vary include:

  • Statutes of limitation: This is the time frame within which legal action can be taken.
  • Liability standards: The conditions that must be met in order to hold someone responsible for the injury.
  • Caps: The maximum amount of liability that can be imposed.
  • Innocent seller statute: This law releases a seller from liability if their only involvement with the product was as part of its distribution chain.
  • Joint and several liability: In jurisdictions where this provision exists, each party engaged in the production and distribution of a defective product may be held individually accountable for any subsequent injuries to the full extent of the damages.

Product liability claims are based on the principles:

  • Negligence: This means that the injury was caused by the negligence of another person or entity.
  • Strict liability: It allows an injured person to collect restitution from a manufacturer or seller without having to prove negligence.
  • Breach of contract: A manufacturer may be held in breach of contract if a product does not live up to the standards stated in a warranty.
Check out: The Types Of Tort Recognized By American Law

Shabbir Ahmad is a highly accomplished and renowned professional blogger, writer, and SEO expert who has made a name for himself in the digital marketing industry. He has been offering clients from all over the world exceptional services as the founder of Dive in SEO for more than five years.

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