Defective products are responsible for thousands of injuries to people every year. In the United States, there are laws regarding product liability that exist specifically to protect consumers. Those laws dictate who is responsible for a defective, or dangerous product, and that the manufacturer and seller have a legal obligation to make public the risks of purchasing / using such product. If victims wanted to seek justice for the defective product, these laws help entitle them to these rights.
This particular law defines a chain of responsibility regarding a dangerous or defective product. If a product is known to cause injury, or even suspected to be injury-causing, this means the product does not meet the utmost standard expectations of a consumer. Many manufacturers pull their products from the market when they have been shown to lead to numerous injuries. One notable example is Samsung with its Galaxy Note 7 smartphone that was released in August of 2016. The device was known to explode and catch fire because of a flaw in its battery. After multiple incidents, the company stopped the sale of the smartphone and even went a step further when owners were still using their handsets. Samsung issued updates that would essentially disrupt the phone so that those users had no choice but to return their devices to exchange them for safe, working smartphones.
There are no federal laws surrounding product liability. Usually, if claims are brought about due to defective products, they are based on state laws and the issues of negligence, strict liability, or breach of warranty are involved in the claims.
A product liability issue is usually brought attention to if the product has been sold in the marketplace. Liability comes into play when certain parties could have foreseen that the product could cause injury to a person who bought it. As a result, there are certain parties who are responsible, or liable, when a product with a defect is sold. The chain of distribution that includes responsible parties may be as follows:
Strict liability can apply when the product is sold regularly at stores. Although, this does not apply to a person who sells the product at a garage sale.
There are many diverse types of defects a product can contain. In a liability case, it must be proven that a product was defective and led to the plaintiffs' injuries because using the product was dangerous. Generally, there are three types of defects that can cause injury and lead to the manufacturer or supplier being liable. They include the following:
Anyone who is planning on filing a product liability lawsuit should retain an experienced product liability attorney. There are three types of liability lawsuits a person can file after sustaining an injury caused by a defective product. These reasons include the following:
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