We Americans are fond of buying products that is something novel, whether involving home appliances, toys for our kids, utility for our cars, electronic gadgets and even prescription drugs. This traditional value that we have, has long been engrained in our culture, being known as the worlds well endowed and affluent country.
However, despite our positive stance in dealing with new product lines, most of us consumers do not take efforts in investigating the value and utilities of these products. A lot of us discounted any suspicion of any product defects, which can virtually cause some problem in reference to our health and well-being.
In our society, we have seen far too many incidents where products such as children’s toys, automobile accessories and utilities, food supplements and kitchen appliances unnecessarily cause health problems, severe injury or even death to users. We also have seen how these products turn their lives down ending with their initiation of Products Liability Claim against the manufacturer and its associates.
With this fact, we can say that we can become vulnerable victims of these products defects, as a consumer. By then, it would be worthwhile to know some pertinent information about Product liability claim, as our preventive step in safeguarding our rights whenever we can become victims of product defects.
Brief discussion about Product Liability
Product liability is the area of law to which all sellers of the product who are in the distribution chain, covering the product manufacturers, manufacturer of component parts, distributors, suppliers, wholesalers, retailers, and sellers are held responsible for placing a defective product into the hands of a consumer and for any injuries that those products can cause.
Product Liability Claims
Most of product liability laws are determined at the state level, to which it provided their own definition and elements to be proven, to present a successful claim.
There are different theories associated with product liability claim. Some commentators would ventilate the claims under the theory of negligence, on strict liability and breach of warranty. All theories have their respective complications and travails that can be applied relatively on case-to-case basis. To have a better view on this a separate discussion is worth illuminating.
Product Liability Claims, theories
Three major theories associated with product liability claim:
Theory of negligence
Product liability claim based on negligence require showing that carelessness caused the injury, proximately. It primarily focused on the behavior of the manufacturer. In general, there are proofs required for claim of this sort, covering:
• Proof that there was a duty to sell a safe product, otherwise termed as duty owed
• Proof or showing that the defendant somehow breached that duty
• Proof of damage or injury
• Proof that the breach caused the plaintiff's injury or the defect is what caused you damage.
Theory of strict liability
The theory of strict liability is more stringent than negligence, to which the claim focuses on the product itself. This principle hold manufacturers accountable for developing safe products, that is, the manufacturer is liable if the product is defective, even if the manufacturer was not negligent in making that product defective. This theory is a severe and harsh provision of liability for manufacturers.
Strict liability is applied only to manufacturing defects as when a product varies from its intended design.
Breach of warranty theory
Breach of warranty claims commonly requires privity between the injured party and the manufacturer or seller. Suing under this provision requires proof that the manufacturer or distributor broke a written or implied promise that the goods are free from defects and proof or showing that breach caused the injury.
Breach of warranty based product liability claims covers:
• breach of an express warranty
• breach of an implied warranty of merchantability,
• breach of an implied warranty of fitness for a particular purpose
Getting Help from a Product Liability Claims Attorney
Viewing the above precepts, you can speculate how complex a product liability claims can be. Thus, above all, when you have been injured by defective products, you should look for an experienced lawyer who has handled product liability cases before as your representative in dealing with your claim pursuit.
An experienced attorney can help to guide you through the negotiation and settlement process and in all your claim hurdles for compensation. The Attorney can assist you in determining all of the damages arising out of your injury.
For more information on product liability claims and other personal injury litigation , you can confer with our expert Los Angeles personal injury lawyers . Visit our website and avail of our free case evaluation.
