Product Liability

Product Liability Lawyers work hard to hold manufacturers, wholesalers, and retailers legally responsible for defective or unsafe products. Items covered by this area of law include food, drugs, and virtually all consumer products. Product liability negligence is frequently a question of strict liability.

People may sue for damages through a product liability lawsuit if they were Injured while using a product that was not substantially changed from its original condition.

Product Liability Lawyer

Product Liability Negligence and Warranty Breaches

Questions of negligence and breach of warranty are also grounds for a damages claim under product liability. In the case of negligence, grounds for a valid claim or product liability lawsuit depend on establishing the presence of one of two things. First, is if the company is shown to have negligently, or improperly, tested its product. Also, if the company negligently provided inadequate directions for a product’s use, an injured party will likely have valid grounds for a product liability negligence claim.

Similarly, a manufacturer implies a warranty for:

1) fitness of use and

2) freedom from defect when an item is sold.

Therefore, if a product proves to be defective, or is unfit for the purpose intended, an injured user can file a product liability lawsuit. In a case of product liability negligence, it is important that the plaintiff be able to show that the product was defective when it left the defendant’s control. It is difficult to hold someone liable for a defect that occurred after that party had control over the product. Given the sometimes complex nature of these cases, you should consult with a defective product lawyer before filing a claim.

Strict Liability

In product liability, there are various areas of defects that can occur. If a claim of strict liability is to be pursued, the injured party will need to show that, due to a defect, the product was unreasonably dangerous for its intended use. Generally, there are three areas in which a product can be unreasonably dangerous:

  1. Failure to Warn

The manufacturer or seller can fail to warn about dangers associated with the product’s use. Manufacturers and sellers are expected to give adequate warnings about possible dangers, and to provide clear and adequate instructions for use. Failure to do so can make a nevertheless sound product deadly. For instance, coolants used in automobiles are extremely toxic; failure to print warnings of this toxicity on the product labels could lead to an accidental poisoning, and thus to a suit for damages.

  2. Design Defect

The product may have a defective design, even if it is assembled perfectly. An example would be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to catch on fire, even when the tank is correctly assembled and installed.

  3. Manufacturing Defect

A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly. A car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring or killing the driver and passengers. If it is proved that the car was manufactured with that defect, the manufacturer will be liable.

In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product is made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case. A defective product attorney will gather and preserve all relevant evidence to best support your claim.

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    Consulting a Product Liability Lawyer

    If think you or someone you know has suffered an injury due to a dangerous or defective product, contact the defective product lawyers at The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online free case evaluation. There is NO CHARGE for the initial consultation with a product liability attorney. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds.

    In many cases, a product liability lawsuit has to be filed before an impending expiration date, known as the Statute of Limitations. It is critical, therefore, to please call our product liability law firm right away to ensure you are not waiving your rights to possible compensation.

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    Woman sustained serious injuries in collision with truck. Jury verdict.
    Plaintiff rear-ended another vehicle.

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