The liability of any or all of the the parties involved in the chain of manufacture of any product for the damage caused by that product is called product liability. The manufacturer of component parts, the assembly manufacturer, the wholesaler or retail store owner can be responsible for product liability.
Negligence is the basis for product liability claims. The concept of negligence was developed under English Law and emerged as an independent cause of action in the 18th century. Negligence is defined as conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. It involves the failure to use reasonable care and in some cases, negligence is defined by statute, known as Negligence Per Se. Some acts are considered to be inherently negligent and do not require to prove the negligence was known or intended, when for example a doctor leaves a sponge inside their patient during surgery.
Strict liability is a concept of the tort law that imposes liability for harm suffered without the requirement of proof of negligence. In this case the degree of care by the manufacturer is not important, the product must be simply proven to be defective.
The term “breach of warranty of fitness” involves broken promise regarding a product made by either a manufacturer or a seller. The Uniform Commercial Code provides warranty protection. The Federal Trade Commission Improvement Act was passed by Congress in 1975. It targets at written warranties, service contracts, relates to the sale of consumer products and defines standards for disclosure and remedies to the aggrieved consumers.
Types of product defects include:
- Design defects are regarded as inherent, because they exist before the product is manufactured.
- Manufacturing defects occur during the construction or production of the product and only a few out of the many products of the same type are flawed.
- Defects in marketing include improper constructions and failure to warn consumers about product dangers.
It is important to know that product liability claims fall under the authority of state courts in the county where the injury occurred or where the parties involved in the accident are located, so hiring a lawyer who is licensed in that state is very important. At Legal Bistro you will find many lawyers who will review your case and be interested to work with you on a contingent fee basis. The service is 100% free for consumers and you remain anonymous throughout the entire process of finding the right lawyer. So what have you got to lose? Come and visit our site at http://www.legalbistro.com.