Product Liability Lawsuits - Major Types of Product Liability and Defective Lawsuit Cases

                                                                                         

Product liability concerns responsibility for injury or loss caused by a product. Liability is traced back from the consumer who was injured to the manufacturer of the product. In other words, distributors, suppliers and retailers who have a hand in the manufacture or supply of the product can also named as Defendants in a product liability lawsuit.

Product liability laws are mainly state laws derived from judges’ decisions in previous lawsuits. For this reason, state laws are not universal and differ extensively. There is no federal law for product liability.

A product liability claim can be based on design flaw. The Plaintiff has to prove there was a flaw in the design of the product and the manufacturer was aware of the flaw but chose not to correct it. As most products are rigorously tested for flaws before they are placed on the market, this is a difficult type of claim to prove.

A Plaintiff has the option of pursuing damages on the grounds of a manufacturing liability. In this instance, the Plaintiff needs to prove the manufacturer used substandard manufacturing processes. The Plaintiff would have to be able to demonstrate the difference between industry standards and the inferior practices used by the Defendant manufacturer. Lack of quality control also falls within manufacturing liability.

Manufacturers are obligated by law to warn consumers of any potential dangers in using their product. If they neglect to give notice, either through labeling or accompanying literature, the Plaintiff may be able to claim restitution because of a “failure to warn”.

Product liability law has evolved since the 1960’s, when consumers bore responsibility for the manner in which they used the product. Today the manufacturer is apt to carry the responsibility, even if the consumers used their product in a fashion detrimental to their safety. This reversal in focus is known as “strict liability”. Strict liability means that, if a Plaintiff can prove a product was defective, the manufacturer is liable no matter how diligent they were in the design, manufacturing, and method of warnings.

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By speaking to skilled wrongful death attorneys, product liability attorneys, and personal injury attorneys in Pennsylvania, you can help ensure that you receive just compensation for your injuries and other losses.

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