Q What Is Product Liability Exactly?
Our personal injury attorneys handle product liability claims. Product liability is the area of the law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product liability claims are typically based on one of four theories: negligence, breach of warranty, strict liability, and consumer protection.
- Negligence refers to the failure to exercise proper or ordinary care.
- Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product.
- Strict liability holds a manufacturer responsible for a defective product, even if the manufacturer is not negligent in making that product.
- Consumer protection usually looks like a statute directing companies on what to do if and when a particular defect occurs (like, for example, "lemon laws").
Under any theory of liability, you have to prove the product was defective. The three types of defects are: manufacturing defect, design defect, and failure to warn.
Manufacturing defects are those that occur in the manufacturing process, and usually involve poor-quality materials or poor workmanship. Design defects occur when the product design is inherently flawed, dangerous or useless, regardless of how carefully manufactured.
Failure to warn occurs when consumers are not adequately warned about products that have inherent, non-obvious dangers, and such dangers are present regardless of how well the product is made and designed.
If you think a product caused serious injury to you or a loved one, our office can help. Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation.