Products Liability refers to defective manufacture, design or distribution of products. Products liability cases are often associated with consumer products. However, the negligent manufacture or design of other products, equipment, and machinery such as those used by workers in their jobs.
All parties along the chain of design, manufacture and sale of a product may face liability for harm caused by the product. In addition, manufacturers of component parts may be held responsible for harm caused by a defective product when the component parts contributed to that harm.
The law recognizes that once a product is sold, it is often impossible to predict the who will use the product or who may be harmed by the product. Because of this, it is not necessary for the person harmed by the product to have bought the product or have any other direct contact with the companies responsible for its design, manufacture or sale. In short, whoever is harmed by a defective product may potentially have a claim.
There are a number of possible basis for a products liability claim. The most common basis is strict liability. This means that degree of care by the defendant is irrelevant. If the product is defective, then there is liability no matter what the level of care of manufacturer or designer of the product.
Under strict liability, it is simply necessary to show the product was defective. The defect can relate to the design and manufacture of the product. In addition, the defect can be related to the sale or marketing of the product. This would include inadequate labeling, warnings, or usage instructions.
These cases are extremely complex. If you have been harmed by a defective product, then you should contact an attorney. In addition, there are a number of websites where you can determine if the product responsible for your injuries has caused similar injuries to others such as www.justia.com, www.nolo.com, and www.findlaw.com. These resources are very helpful for researching your claims.
Give us a call or email us at Collins & Collins, P.C. We will be glad to discuss your case in more depth.