Strict Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.
In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers:
Design defects - They are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.
Manufacturing defects - Occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case.
Defects in marketing - Deal with improper instructions and failures to warn consumers of latent dangers in the product.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law. Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Our firm has extensive experience in handling numerous products liability lawsuits in which someone has been injured or killed by a dangerous and defective product. We recover damages from the manufacturers of defective products to cover:
Physical and emotional pain and suffering
The law regarding products liability can be overwhelming to an injured party.
These types of claims are complicated, and usually requires the testimony of expert witnesses to inform the jury about the nature of the product defect. Our firm is equipped to provide the experts and we have the means to provide a complete and effective preparation of a claim for settlement or trial.