Understanding Product Liability Lawsuits
No matter who you are or where you are you expect a product to work when you buy it. Not only do you expect it to work as it should but you also expect it to be safe. Product liability law is the type of personal injury law that gives victims a legal cause of action when they are hurt because of a dangerous product. Products that make it into the hands of consumers are held liable if they hurt a consumer for failing to meet public safety laws.
Product Liability is Part of Personal Injury Law
There are several forms of personal injury law and that is why having a product liability lawyer is going to be good in helping you through this process. Since personal injury law gives victims a civil cause of action when they get hurt due to others’ negligence it is easy to see just how massive that type of law can get. Due to the number of standards that products have, when they hurt someone it can be detrimental to that person’s well-being.
Different Ways Products Can Be Defective
There are multiple ways that manufacturers can create a legally defective product. Despite there being strict laws about the safety of products there are times these things slip through. Here are just some of the ways that a legally defective product can be created:
Breach of Express Warranty
In most cases, there is a warranty that comes along with a product. For example, if you buy a new car, the manufacturer of that car might include a warranty of all the parts for three years. If a part breaks then the manufacturer might promise to fix it for free if it breaks in the period of time covered by the warranty. A breach of this could be not replacing the part under warranty if it breaks.
Breach of Implied Warranty
All products, no matter what, have an implied warranty. When you buy a product you expect it to work for its intended purpose, and it should work for that purpose with no issue. For example, if you were to buy a pot to use on the stove and the moment you turned on the heat it melted to your stove, then you’d have a defective product. The products that you buy must work for the intended purpose and if it fails then a claim may be the remedy.
The manufacturer is liable when there is an error in the process of making the product. If there is an error during this process and it causes harm to the victim then the manufacturer is to blame. Like if you buy a glass jar for canning but it shatters the moment it hits hot water. That is a manufacturing defect.
Product liability lawyers, are well versed in what it means to take on a case like yours. A qualified lawyer like those at David & Philpot P.L. understands what needs to be done and can help you through the process.