About Product Liability

Plaintiffs' Personal Injury Law Firm

General Description

When a defective product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. There can be several parties involved in a product liability claim. The manufacturer of component parts may ship defective parts out to a manufacturer that uses them in finished products. An assembling manufacturer assembles all of the components into one finished product and can be liable for defective products. Wholesalers and retail store owners may also be liable for defective products. While most product liability claims deal with tangible products, claims can also be filed in cases of defective navigational charts, faulty components of a home or commercial space, and gases.

There are several ways in which a product liability claim can be filed. Claims based on negligence can be filed if a component manufacturer or assembling manufacturer was negligent in producing components or assembling finished products. Breach of warranty of fitness and strict liability can also be the basis for product liability suits. Because the statutes related to product liability law vary so widely from state to state, the U.S. Department of Commerce developed the Model Uniform Products Liability Act to be used voluntarily by the states. There are no federal products liability statutes in place, so the success of your claim may depend on the statutes in your jurisdiction.

When you proceed with a product liability claim, you must prove that the product is defective. There are three types of defects that manufacturers and suppliers can be liable for in the event of an accident. Design defects can cause an item to become very dangerous even when the product is used properly. Manufacturing defects occur during the production of an item and can cause products to become unsafe even when used carefully. Manufacturing defects typically only affect a few items in each batch of products produced. Defects in marketing can also result in liability for manufacturers and suppliers. This means that manufacturers or suppliers failed to warn consumers of the dangers associated with using specific products. Product liability is considered an offense that falls under strict liability. It doesn't matter if the manufacturer or supplier was very careful in producing and distributing the defective product. If it can be shown that a product is defective and can cause harm, then the manufacturer is liable.

Defective products can cause a great deal of property damage or physical injury. If you are injured or sustain property damage as the result of a defective product, then you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim so you can recover damages for repair or replacement of your property or for medical expenses incurred as a result of your injury.

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