Product Liability for Defective Products

Who is responsible when defective products harm someone? Surprisingly, more than one person or company might be involved. We will look at product liability cases in more depth in this article.

Product Liability Law

Generally, a product liability claim “can be based on negligence, strict liability, or breach of warranty of fitness.”

• Negligence means that an individual or entity failed to follow the standard of care that a reasonable person would observe.
• Strict liability in tort law relates to the defendant being held liable regardless of his or her intent.
• Breach of warranty of fitness might be claimed when the seller of a product knew or should have known that the product was fit for the consumer’s intended purpose.

Other laws apply to product liability claims for defendant products. For example,  you might only have two years to file your claim. That’s why it is so important to discuss your case with an attorney as soon as possible.

The Parties Responsible for Defective Products

If you have a product liability claim, you might think you can only sue the product’s manufacturer. However, the following might also be held responsible for your injuries:

• Designers,
• Component manufacturers,
• Assemblers,
• Wholesalers, and

This list is by no means complete. You and your attorney might find others who can be held accountable for the product that caused your injury.

Defect That Might Trigger Liability

There are three general types of defects that might lead to a product liability claim, including:

• Design Defects – Some products are defective from the very start, possibly because of a designer’s negligence.
• Manufacturing Defects – These problems occur when the product is being produced or constructed.
• Marketing Defects – Even failing to use warning labels or giving consumers inaccurate or incomplete instructions could lead to defective products.

Some products may be defective in several ways.

Examples of Product Liability

Defective products can cause plaintiffs to sue in individual lawsuits, class actions, or mass tort cases. Some of the largest product liability cases filed in the United States are:

• General Motors’ Faulty Ignition Switch. At least 13 deaths have occurred because of a defective part on certain GM products.
• Phillip Morris Tobacco. Some smokers sued this cigarette maker in part because the company failed to warn that their nicotine products are addictive.
• Dow Corning Breast Implants. Users of silicone breast implants sued the company because of defective, leaking implants.
• Owens Corning Asbestos Products. Many product liability cases arose when users of this company’s defective products were shown to cause cancer.

This is just a small sampling of the product liability claims made in the United States every year for defective products.

You Might Be Entitled to Compensation if Defective Products Hurt You

For 115 years, the experienced personal injury attorneys at Powell Law have provided valuable assistance to residents of Northeastern Pennsylvania seeking to recover damages for injuries or harm caused by any type of tort, whether based on intentional or negligent conduct, or actions for which strict or absolute liability may be imposed. Contact Powell Law at (570) 961-0777 or visit us online. Call now for a FREE case evaluation. You don’t pay unless we win!