Product Liability
Thousands of injuries occur every year as a result of defective or dangerous products. The rules for determining who is at fault are different from ordinary injury law.
Product liability refers to manufacturers, wholesalers, and retailers of products being held legally liable for defective products being available to consumers. Each part of the distribution chain could be at fault. For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business.
The law requires products to meet everyday expectations of the consumer. If a product has an unexpected defect or unforeseeable danger, then the product does not meet these expectations. Contact the attorneys who are willing to fight for your rights, call our attorneys at Celeste Law Firm!
Product liability generally falls under three types of state laws: Negligence, strict liability, or breach of warranty, which are all grounds to file a law suit.
In order for product liability to transpire, at some time the product must have been sold in the marketplace. In most states, the injured person does not have to be the purchaser of the product in order to recover damages. Any person who likely could have been injured by a defective product can recover damages, as long as the product was sold to someone.
There are three types of defects in product liability cases that might cause injury.
- Design defects: Defects that are present from the very beginning of production, even before it’s manufactured. In other words, the design of the product is unsafe.
- Manufacturing defects: Defects that occur in the course of production. The assembly of a product is done incorrectly.
- Marketing defects: Flaws in the way a product is marketed. Improper labeling, poor instructions, or lack of safety warnings.
Even if a product is unreasonably dangerous, that does not necessarily mean you are entitled to damages if you are injured. If a product cannot be made safer without losing its purpose, and proper warnings are given on the dangers and risks of the product, consumers may be responsible for their own injuries. Also, if the consumer alters the product, and that alteration causes the injury, or they misuse the product in an unforeseeable way, then the manufacturers may not be responsible.
If you or a loved one has been injured as a result of product liability, you should contact an attorney. Product liability can be very tricky. Don’t trust just anyone to handle your case. Go with the people who are willing to fight for your rights, call our West Palm Beach product liability attorneys at Celeste Law Firm!
