Blame it on the Defective Product

By: Jamil Estorninos
Submitted: 2008-07-02 16:23:38
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What will you do when your shampoo uproots your hair instead of making it shine like silk?

Or when your anti-aging cream gives you blisters instead of keeping it away from wrinkles?

Or when your vacuum cleaner not only sucks dirt but also your toe?

In the land of milk and honey, there are close to hundred names available in the market for one type of product alone. And as curious as humans are, we tend to experiment with what’s new and what’s hip in the market. That is, without really knowing what we are getting.

To paraphrase Forrest Gump’s mom, out there is a huge market; we will never know what we are going to get.

Product liability arises when a consumer suffers injury because of a defective product.

But when is a product defective? A product is defective if it fails to provide the level of safety that the buying public generally expected or required. 

Who are liable? Anyone or all of the following can be held liable for a defective product:

•    Manufacturers
•    Distributors
•    Suppliers
•    Retailers

What are the types of product defects that may incur liability?

•    Design defects
•    Manufacturing defects
•    Marketing defects

Who can file a lawsuit? The person who suffered injury using a defective product may sue for damages - or in case of death, his dependents.

Product liability can be based on negligence, strict liability principle or breach of warranty.

NEGLIGENCE

There is negligence when those who are responsible in placing the product in the market did not ensure that it is fit for its intended use, or by the exercise of a reasonable care would have perceived the defect in the manufacture, design or inspection of the product. The focus here is on the person liable.

Negligence claim is generally consists of:
1.    a duty owed

2.    a breach of that duty

3.    an injury

4.    that the breach caused the plaintiff's injury

STRICT LIABILITY

Irrespective of how much reasonable care was exercise during design, manufacture, marketing, distribution and sale of the product, if that product was established to be defective, liability will be had. The manufacturer, although not negligent, will still be held liable if the product turns out to be defective. The focus here is on the product.

BREACH OF WARRANTY

A warranty is an agreement of fitness between a manufacturer or vendor and its customer. Warranty can be either express or implied.

There is a breach of an express warranty when the written warranty attached to the product was violated.

There is a breach of an implied warranty when although there is no written warranty or the defect was not covered by the express warranty, the product was so defective that it becomes unfit for the purpose it was originally intended.

The United States does not have federal products liability law. Statutes regarding the same vary from place to place. One state will most probably have different set of rules from the other. For accurate, expert opinion as regards your product liability law, it is always best to consult a product liability claims lawyer.

Article source: Expert Articles