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An Insight into Product Liability Laws

Consideration was given for the editing and publication of this post.

The laws that relate to product liability is not the same as personal injury laws. There is a difference between the two. Every year there are several victims of product liability in the USA. Product liability is covered under an extensive law. If one is aware of product liability laws, it becomes easier for the individual to recover damages and claim compensation.

What does product liability precisely mean?

Product liability is the seller or the manufacturer who is held responsible for the placement of a product that is defective to the consumer. The injuries suffered by the consumer because of the product are the prime responsibility of the seller or manufacturer. This responsibility extends to all the sellers that are part of the distribution chain of the product. The law relating to product liability states that the product should meet the general expectations of the consumer and if the said product has an effect of defect or danger, it doesn’t meet the general expectations of the consumer.

When it comes to product liability, one should be aware of the state laws that pertain to the above. With the help of a free consultation, one can effectively understand the state laws when it comes to litigation that involves product liability. Esteemed lawyer in the USA, Steven H. Schafer and Associates in Boston, MA says the laws pertaining to product liability are complex, and one has to be sure about the laws and regulations to proceed with the litigation.

Legal professionals here state there are no product liability federal laws. The state solely covers this law and the theories of breach of warranty and strict liability, negligence. There is a certain set of commercial statutes in every state, and each of them follows the Uniform Commercial Code that contains the rules of warranty that affect product liability.

Know the types of product defects

The legal experts here state in litigation of product liability one should prove that the injuries caused by the product were defective and this defect makes the product dangerous for use. The following are three types of product defects that may cause injuries and invoke supplier or manufacturer liability-

  • Design defects- These defects are present in the said product from the start and even before it has been manufactured. The product design is inherently unsafe and constitutes product liability.
  • Manufacturing defects- These defects refer to the course of the product’s assembly and manufacture.
  • Marketing defects- These are the defects that are present in the marketing process of the product like incorrect instructions, wrong labelling, and insufficient safety warnings.

Therefore, when it comes to product liability litigation, one should take the consultation of a skilled and experienced product liability lawyer who will guide you on your legal rights and responsibilities. He/she will also advise you on the paperwork and documentation that needs to be filed in court for the case. These professionals will guide you and interpret the state laws that pertain to product liability and protect your interests in the case!