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Product Liability 101: Proving Fault and Filing a Claim

By Edited May 24, 2014 1 1

Product liability is a legal term which happens when a manufacturer fails to keep its products safe, resulting to injury to users. For instance, a knife's handle detached from the blade, which caused injuries to the consumer. In this kind of situation, the producer or manufacturer of the knife would become liable for the consumer's injuries.

Under the strict liability principle, a manufacturer would become liable for the injuries caused by a defective product whether or not he was negligent during the manufacturing process. As a result, the manufacturer will be required to replace the item, or make a product recall.

The only difficult thing to prove in a product liability claim is that the product was already defective before it was used by the consumer. There are different types of product defects, which include:

  • Design defects – This defect happens when the problem is the product's design itself. In this situation, the claimant would need to suggest safer ways of designing the product.
  • Manufacturing defects – Unlike design defects, manufacturing defects are caused by negligence. If an employee or an employee-operated machine manufactured a defective product, the manufacturer would be held liable.
  • Packaging or marketing defect – When proper labels and manuals are not included in the product package, consumers would not be able to identify how to use them properly.

If a product's defect falls on one of the categories above, the consumer can request a product recall to the manufacturer. A recall means the manufacturer retrieves a particular model or type of product from the market and from the people who bought it because of a discovered defect. When the manufacturer gets all the products, it will modify them and make them safer. Then, it would redistribute the products to the market and to its consumers.

However, some manufacturers refuse to conduct recalls and pay compensation for an injured consumer. When this happens, the injured consumers may file a product liability claim against them. These are some of the things that a claimant needs to consider to have a successful case:

  • Hiring a product liability or personal injury lawyer
  • Presenting evidence against the manufacturer
  • Proving that the product was not altered by the consumer

Product liability claims are a little more complicated than car accident cases. If you want to know more about the legal issues and terms related to product liability, just consult an Los Angeles personal injury lawyer near you.



Oct 7, 2010 8:52pm
Great collection of information and tips. Thanks for sharing. Looking forward to your next article, I will definitely be rating this USEFUL article UP!!! ;)

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