Know the Basis for Product Liability Claims

Originally published by robertslawfirm.

Product liability issues have made major headlines in the past year: vehicle recalls due to faulty air bags, exploding smartphones, metal hip implant recalls, and personal injury lawsuits nationwide for talcum powder links to ovarian cancer as well as serious side effects of prescription drugs like Invokana, Essure, Eliquis, Xarelto, Pradaxa and many more. Product liability laws exist to protect consumers, and require manufacturers to pay for injuries caused by a defective or hazardous product. A product liability lawsuit can be based on: Negligence – if a manufacturer does not exercise reasonable care in the design, manufacture or distribution of a product, they could be held liable. Breach of Warranty – when product warranties are breached, an injured party may be able to recover damages that occurred as a result of the breach. Strict Products Liability – with a strict liability claim, you must prove that the product was defective, that the defect existed before the product was released, and that this defect caused you harm or injury. Cases that fall in this category are usually due to design defects, manufacturing defects or “failure to warn” defects (which is why there are now websites dedicated to “silly” warning labels, like “Do not hold wrong end of a chainsaw” and, for a hairdryer: “Do not use while sleeping”). When a product causes injury or harm, there is usually potential for a defective product liability claim. Roberts & Roberts focuses on helping people who have been the victim of faulty products. Contact us to […]

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