Liability

Liability is established when injury has occurred as a direct result of a defective product. Manufacturers are expected to provide assurance that their products are safe when used in the manner intended. Due to the legal responsibility manufacturers have for their products, when injury results there are ways of establishing liability, based on negligence, breach of warranty, misrepresentation, or strict liability.

Negligence is considered the failure to provide a product that meets expected safety standards that is required by law. Product liability cases involving negligence are often because of a defective part or improper assembly of the product. If a promise has been made to a customer about a particular product and is not upheld then a breach of warranty liability has occurred. Manufacturers are also liable when they have made claims that allow consumers to believe the product is safer then it really is because misrepresentation was used. When a manufacturer or seller is found responsible for all aspects of the injuries sustained due to a defective product, this is called strict liability.

If you would like to confer with a product liability lawyer to learn your legal rights and options, please contact us.