Product Liabilities

by Gary Sernaker - Date: 2010-08-19 - Word Count: 373 Share This!

Product liabilities come under that section of the law in which people like the manufacturers, distributors, suppliers as well as retailers, and associated others make defective products that cause injury to the public. Product liabilities hold them accountable for this. It is a given that the term product carries with it a wide range of meaning. In general, it is applicable to personal property in the tangible form.

There are a few theories of liabilities in the US with regards to product liabilities claims. The claims here largely cover negligence, strict liability and breach of warranty. It also includes several consumer based protection claims. Most claims are filed at the state level and the laws governing these product liabilities cases vary with each state. Depending on the case, there are several aspects that need to be proven in order to make a successful claim.

Product liabilities are of three basic types - a manufacturing defect, a design defect and a failure to warn. This last one is also known as a marketing defect. But in most states, these do not constitute absolute grounds for the case. It varies depending on the claim and the injured party.

Manufacturing defects is when there is a flaw in the manufacturing process and low quality raw materials are used. It can also be the result of bad workmanship. A design defect is when the creation of the product is such that it is dangerous to the user and therefore considered defective. This can be demonstrated with effective tests of the product and its inability to match up to required standards. A marketing defect is when you do not take the trouble to inform the public about the potential of some harm being caused with the use of the product.

There is also what is known as breach of warranty-based product liability claims. These are three common forms - a breach of express warranty, a breach of implied warranty of merchantability, a breach of an implied warranty of fitness.

In all cases it is necessary to engage the services of a legal expert in the field. This would be necessary in order for you to file the case in the right manner and get what is rightfully due to you.

Related Tags: design defect, product liabilities, product liabilities claims, marketing defect

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