
Defective products can include anything from toys to industrial products. When you are injured by a defective product, the case falls under a legal category known as product liability. Product liability refers to the responsibility that manufacturers, distributors, suppliers, retailers and others have for injuries that their products caused. Most of the product liability laws are determined by each state and can vary.
A product is considered defective if there was a manufacturing defect, design defect or a failure to warn. Manufacturing defects refer to problems that occur during the manufacturing process, such as poor quality or even hazardous materials. A design defect happens when the product’s design contains some type of danger or if the design is useless. It has nothing to do with the manufacturing process. Failure to warn occurs when products have some inherent non-obvious dangers that could be avoided through adequate warnings.
Negligence, strict liability and breach of warranty are the most common product liability claims made in the United States. In a negligence claim, the plaintiff must show that there was a duty owed, a breach of duty, an injury and that the breach caused the injury. Strict liability claims focus on problems with the products themselves. A breach of warranty claim focuses on either a breach of express warranty, implied warranty of fitness for a particular purpose or implied warranty of merchantability.
If you have been injured by a defective product, you should contact a product liability lawyer who can review your case. Product liability cases require a thorough understanding of legal and technical issues and are often complex. Manufacturers will work hard to avoid responsibility, which is why you need an experienced product liability attorney on your side. Contact the law office of Decker, Decker, Dito & Internicola, LLP today for free, no obligation consultation at (800) 976-4904.
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