Product Liability

Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. 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). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law. In any jurisdiction one must prove that the product is defective. Product liability lawyers work in the filed of mediating and litigating about products that cause harm by way of malfunction. The products purchased or leased from retailers are done so with assurances of quality and proper functioning. Persons who come to harm or injury due to negligence on the part of manufacturers or from persons or businesses who lease or sell such products may be liable for suit when injuries or harm occurs.

Product liability attorneys collect evidence of malfunction or improper manufacture and assess situations concerning amount of damages, reasonable compensation, and potential award to be received. Things that product liability attorneys look for are defective marketing. This type of marketing fails to let consumers know of potential hazards of the product they are using.

Design defects are those defects that happen while the product is being designed and manufacturing defects are what occur while the product is being made.

Examples of defective products are medications, infant products such as strollers, swings and toys, food from stores or fast food and make up and automobiles and their products, such as tires.