Product Liability Claims


Product Liability Law governs the civil process for compensating consumers injured by dangerous or defective products. Many people are unaware that there is an entire section of law devoted to outlining how manufacturers and product companies are held responsible for any damage caused by the goods they sell.

Product Liability Law Topics:

What Makes a Product Liability Case?

There are three types of common product liability cases. These include negligence, strict liability and breach of warranty.

Negligence

There are three parts to a negligence claim. First you have to show that the maker of the product had a duty to there customers. This is the easy part, because anyone selling products or services to the public has a duty to not injure them.

Second, it has to be proven that the maker of the product failed in that duty. Usually this is proven by showing that the manufacturer knew that the product was dangerous, or should have known.

Last, there must be an injury from the breach of duty. Just stating that a product could hurt someone is not enough, there has to be an injury in order to receive compensation.

Strict Product Liability

In a strict product liability case, it only has to be shown that a product is unsafe, and caused injury. There is no need to prove negligence in these cases.

Breach of Warranty

Breach of warranty cases are similar to Strict liability cases, except that instead of proving a product was defective, it needs to be shown that the product caused injury through a failure of something that was warrantied by the manufacturer.


  • The content of this site is provided for informational purpose only, and should not be taken as legal advice. If you need help with a Product Liability Claim, click here for a Free Case Review with a local product liability lawyer.
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