Products Liability Cases

A manufacturer of a product must use reasonable care in the design, manufacturing, testing and inspection of the product to make sure it is safe for the public. Indeed, the manufacturer has a duty to warn the consuming public if the product is for any reason not safe for its reasonable use. If a manufacturer uses a part or material from another supplier for a product, the manufacturer has a duty to make reasonable inspections and any tests of the material to make sure it is safe for the consuming public. The component maker of a part of a product has the same duty as the manufacturer to make sure its component is reasonably safe for the consuming public. Sellers of products manufactured by others and who represent they manufacture a product also have the same duty as a manufacturer. A retailer or wholesaler, on the other hand, is liable only if they knew or by reasonable care should have known about a defective product. If the retailer sells a product in its original container without any changes made thereto, the manufacturer may remain liable but the retailer may escape liability depending on circumstances. A supplier of a product, whether or not the supplier manufactures the product, has a duty to warn the public of danger if the supplier knows or should know of the danger.

There is also a reciprocal duty of the user of a product to use it in a reasonably safe manner. This includes paying attention to warnings and not using the product without regard to any dangerous conditions.

The sale of a product may include either express or implied warranties. Breach of a warranty can be a cause for a civil action in court. If a seller makes any statement of fact about the product sold it may become an express warranty. No particular words are necessary to create a possible express warranty. An implied warranty essentially means that a product must be fit for the ordinary purpose for which the specific product is used. Any seller who breaches an implied warranty might be liable for damages to some person injured as a result thereof. There is also a warranty in the law that indicates when a seller knows or has reason to know that the product will be used for a particular purpose and the buyer relies on the seller's expertise when purchasing the product, there could possibly be a claim for breach of an implied warranty of fitness for a particular purpose. There are notice requirements that must be followed in order to pursue a breach of warranty action. Moreover, there are several defenses to a breach of warranty claim which include, among other possible defenses improper use of the product, use after a defect has been discovered, substantial change of the product after delivery resulting in a defect.

In addition to breach of warranty actions, there is also a theory in the law that might create strict liability for defective and unreasonably dangerous products. This is a complicated area of the law. An experienced personal injury lawyer familiar with products liability law can help you pursue this type of claim. To prevail on a strict liability theory it may not be necessary to prove any specific act of negligence because the focus of this claim is on the product itself rather than the seller or manufacturer. The plaintiff in this type of claim must prove the product was in a defective condition when it left the possession of the seller, it was unreasonably dangerous, the defect was the cause of the injuries and the product reached the user without substantial change. A design defect would be an example of this claim. Adequate warnings become important in these cases.

Product liability cases are very complicated and involve expert witnesses for both the liability and damage aspect of the case. Accordingly, not every case involving a product liability claim has enough value to pursue in litigation. The experienced products liability personal injury attorney will be able to advise you whether your claim can be successful and whether it makes economic sense to pursue.

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The legal information on this site is not intended to be legal advice. Contact one of our experienced products liability attorneys or lawyers today to get specific information and answers for your specific situation.