What is “Product Liability”?
The US product liability law defined the term ‘Product Liability’ as; the manufacturer, retailer, seller, salesman, and any other person who makes the product available to the consumer is legally responsible for injuries, and other damages caused by the product. This is where product liability lawyers may be able to help. The manufacturer has the primary legal duty to provide a healthy product to the consumer. This obligation means without any physical or mental side effects. The manufacturer should disclose the raw material of the product on its package. They also must disclose how to use of the product. Furthermore, they must inform if there is any risk, or any side effects. The consumer shoulder be able to look on the package and read the information. In fact, it should be clear and easy to identify meaning no fine writing or hard to read text.
So, if a product causes injury to you, then you might have a legal case. It is important to find out if the package of the product is not according to the set standard. Under packaging and labeling law, you have the legal right to file the claim. The claim is usually against each person who made the product available to you. The first step is to seek out the top product liability lawyers in the area. Sometimes the product is used in connection to a work task, in this case a workers comp lawyer will get involved.
Product Liability Lawyers 3 Main Theories
The consumer’s cause of action can be based on Negligence, Breach of Warranty, and Strict Liability.
Negligence
The manufacturer, retailer, or seller committed negligence in manufacturing the product. Or, selling that caused the damages to the victim. The burden of proof is on the victim. The victim has to prove that the manufacturer, retailer, or seller was negligent. For example, a mechanic did not test the air bag function, therefore the driver suffered injury due to a unexpected deployment. This is the negligence of the worker, and the employer is responsible for this action. This is where product liability lawyers get involved.
Breach of warranty
Breach of warranty means that there was a product warranty on the package. Or it is when the seller told a consumer about a product warranty without a written agreement. The victim can prove with the help of admissible evidence that the manufacturer or seller committed the breach of warranty.
Strict Liability
In strict liability, there is no need to prove negligence or duty of care. The victim should only prove that the product is defective.
Product Liability Lawyers Conclusion
In conclusion, the victim has the legal right to claim for any economic and non-economic damages. product liability lawyers represent the victim and try to get the largest award.
