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Product Liability

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Product liability refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased. A tort (i.e. a civil wrong) which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer.

Any or all parties along the chain of manufacture for a product can be held liable for damage(s) caused by the product. The chain of liability for a product ranges from the manufacturer of component parts of a product (top of the chain) all the way down to the retailer (bottom of the chain). The assembling manufacturer and the wholesaler can also be held liable for product liability.

Product liability can of course be applied to tangible personal property, but can also be applied to intangibles (i.e.- gas), naturals (i.e.- pets), writings (i.e.- maps, navigational charts), and real estate (i.e.- house), as well.

Product liability claims can be filed by either the consumer of the product, or by someone to whom the product was loaned or given. While there is no federal product liability law, most states have product liability laws. (The product liability laws are diverse, and vary from state-to-state).

No matter what state or jurisdiction you're in, to prove a product liability case, you must prove that the product is DEFECTIVE. The three types of product defects are: design defects, manufacturing defects; and defects in marketing.

Design defects are inherent and occur before the product is even manufactured. Manufacturing defects occur during the production of a product. Defects in marketing are either improper instructions for a product or the failure to warn consumers of the possible dangers of using a product.

Do you feel that you have a legitimate product liability claim? If so, you should immediately contact a qualified personal injury attorney.

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Please Note:
Statutes of limitation may apply and determine how long you have to file a lawsuit. In the case of personal injury litigation, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file a lawsuit. Read the statute of limitations in your state.


 
 
Steven J. Williams, P.C.
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