Many instances of alleged product liability have surfaced recently. They include strollers, airbags, medical devices, furniture that falls apart and injures someone, a laptop that explodes, ladders with cracks in the rungs, and other items that have caused injury to the user. The products become termed as defective and dangerous.
When a manufacturer or selling agent is considered liable for selling a defective product to the consumer, it is termed as product liability. The responsibility for the defective product that causes an injury exists with the sellers of the product in what is called the distribution chain. The expectations of the consumer for the product to work without jeopardy to their safety are often termed as ordinary expectations.
Laws and regulations pertaining to product liability are generally set by each individual state. Claims are most usually related to negligence, breach of warranty and strict liability.
States have restructured their laws with regard to liability to cover any person injured by the product. You no longer need to be the purchaser of the product.
Liability for the product’s malfunction can be assigned to the manufacturer, a manufacturer of parts within the product, the assembler of the product, the wholesaler of the product, and the retail seller of the product where the product was sold to the consumer. Liability does not apply to someone who sells the product at a garage sale, as the sale must occur during the regular course of the supplier’s business.
If you have a liability case, it will be incumbent on you to prove that the product causing the injury was defective, and that the defect caused the product to be unreasonably dangerous.
Defects usually fall into the following categories; design defects, manufacturing defects, and marketing defects.
Kenneth G. Marks Law Firm & Product Liability Cases
If you have suffered an injury due to a product’s malfunction, you may be entitled to be compensated for your injuries and other costs associated with the injury such as loss of work, and damages. Our law firm has been representing victims of product injuries for over 33 years and will be your advocate to get you the compensation you are entitled to. The laws pertaining to product liability are many and comprehensive. You need a professional on your side.
Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com