Product Liability
Every day, thousands of products are made for the consumer market. Those products often go through various forms of quality control, but occasionally, some fall through the cracks and are sent out defective. So, how can these defective products cause potential harm to you and your family, and what can you do about it?
The Law
Every year in the US, there are thousands of cases of injuries caused by defective products. These products fall under the “Product Liability Law.” This law is a set of legal rules concerning responsibility for the defective and potentially dangerous product. While it still falls under the realm of personal injury law cases, it is slightly different than your ordinary case. This set of rules can sometimes make it easier for the injured party to recover from the damages.
There is no federal law covering product liability, but typically, a product liability claim is based on the manufacturer being held liable for selling a defective product. The law often requires that a product be held up to specific standards before being distributed to the consumer if a product has a defect that a product cannot meet the consumer’s expectations.
Responsible Parties
When you are trying to pose a product liability case, the product, at some point, had to have been sold in the marketplace. Often, a contractual relationship is known as a “privity of contract” between the injured person and the company that supplied the said product for the injured persons to recover. In most states today, that agreement no longer exists, and often, the injured person no longer has to be the one who purchased the defective product. Anyone affected by the defective product could hold the company and distributors accountable.
The responsibility of liability could rest with several parties that were involved in the distribution of the said product; these parties could potentially be:
- The product’s manufacturer
- A component of the manufacturer’s parts that were used in creating the product
- The party that assembles the product or installs the product
- The wholesaler
- The retail store that sold the defective product
If you feel that you are entitled to a product liability claim, you should reach out to a personal injury lawyer, as these cases can often be quite tricky. Establishing legal fault can usually require the testimony of experts in that field. Each state also has its laws and specific statutes that could affect the product liability case’s action. A personal injury lawyer will help address any questions or concerns you may have regarding the case.
