What Is Product Liability And How Can A Dangerous Products Lawyer Help?
Products that are either dangerous or somehow defective each and every years cause lots of injuries all across the United States of America. Where this happens, it is covered by product liability law and is completely separate from normal injury law. With a Dangerous Drug Attorney in Connecticut by your side and following these rules, it means that you will be awarded with the compensation and damages that you fully deserve.
Where product liability is concerned, it relates to either a seller or a manufacturer being responsible for putting a product that is defective out into the market and available for purchase. The responsibility for a defective product that causes harm or injury is with any seller that is in the distribution chain. Any product that is up for sale to consumers is required to meet the expectations of the customer. Where it is the case that a product has a danger or defective part, it is deemed to not meet customer expectations.
This being said, there is actually no federal level product liability law in place in the United States of America. This means that where claims are made, they are based upon state level laws and are brought under breach of warranty, liability, and negligence theories.
In order for a case of product liability to come about, it must first be the case that the product is available for sale in the marketplace. Any party along the entire distribution chain can be held responsible for a defective product, which include the likes of the manufacturer, the suppliers of components, the assemblers, the wholesalers, and the retailers selling the product to customers.
In order for liability to be so, the sale of the product must have been made as part of the suppliers regular business operations – thus indemnifying sellers at things like garage sales.
Defects of products
In order to hold up in a court of law, a product must be shown to be defective to the point that it is deemed to be unreasonably dangerous. Where the law is concerned, there are 3 different types of product defects:
- Marketing – this includes things such as coming with a lack of instructions, no warnings relating to safety, or poor labelling.
- Manufacturing – these are developed during the manufacturing process.
- Design – before the product is even manufactured, these defects are present as its design is inherently defective.
Dangerous Products Lawyer
With actions relating to product liability often being very complex, it will require the expertise of a specialist lawyer to establish and identify all of the various legal issues. With each and every state in the country having their own individual statutes and laws, then it is important to appoint a local lawyer who is fully aware of all these aspects.
If either yourself or someone that you know has experienced some sort of injury as a result of using a product that was defective then a good dangerous products lawyer will be able to help you in getting the compensation that you so rightly deserve.