Product Liability
Product liability is a broad area to impose liability based on a defective product that causes injury. There are generally, based on theories of: a manufacturing defect, a design defect and a failure to warn. A manufacturing defect is where the product was designed safely but something went wrong during the manufacturing process. A design defect is the inherent design of the product was such that it made the product unsafe. In a case where there is a failure to warn, the product would have been safe, had there been an adequate warning. Additional theories for product liability are based in negligence and breach of warranty.
Tragically, products fail and hurt consumers every day. Things such as: failed medical devices, boating accidents, faulty electrical wiring, defective household goods, and exploding electronic devices, to name a few. A product is considered defective is it is more dangerous than what is expected by the reasonable consumer, and if it is used under reasonably foreseeable circumstances. So, if I consumer uses a product in an unusual or unsafe manner, for which the product was intended, then it may bar any recovery. But if the product is being used as intended, and causes injury, because of some fault within the product then, the product may be considered defective.
Those involved in the chain of commerce for the defective product can all be held liable. This means the product’s manufacturer, distributor and retailer. If you or a loved one have been injured by a defective product, call the Law Office of Troy Pearson, to help determine your best legal strategy and to ensure that you obtain the maximum compensation.