Products liability is an area of law that pertains to the liability of manufactures, retailers, marketers, and others who may play a role in getting products available to the public that may be defective and lead to injuries. Several consumer protection claim types exist including those involving negligence, breach of warranty, and strict liability. Products that may potentially lead to the injury of consumers may be found to contain defects in manufacturing, design, or marketing.
A defect in manufacturing may include the use of materials that are of poor quality or potentially hazardous. Design defects are those in which a product design is found to serve no purpose and potentially contribute to injury regardless of the quality of manufacturing. The actions of product marketers may also contribute to a product becoming deemed defective in the event that they fail to provide adequate warnings to consumers about potential dangers or threats that may not be obvious to users. Marketing defects are more commonly associated with pharmaceutical products that carry potential risks for some consumers regardless or proper use and FDA approval.
In the event that a consumer is injured as a result of using a product, one may be entitled to receive legal compensation for damages. In product liability cases, proving negligence is often a key element in successfully establishing liability. Providing such proof typically requires showing that a duty, stated or implied, was owed, and there was a breach of the duty which contributed to the injury of the person bringing suit.
State product liability laws vary, but many states have included statutes for consumer protection and strict liability. Consumer protection statutes establish remedies in the event that a product contributes to an economic loss, but does not lead to personal injury. Strict liability assigns responsibility for a defective product regardless of whether negligence was a factor in it becoming defective.
Contacting a products liability lawyer in one's jurisdiction in the event of an economic loss, due to use of a product, can help one ensure they receive the compensation they may be entitled to under the law for what they have unjustly endured. Please call for a free consultation. We will provide you with a clear and prompt analysis of your claim and will fight hard for you.
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