Far too often are we seeing recalls on numerous products in the market. From meat to toys to car seats, products that are supposed to be made to high standards, are being pulled from the shelves because of harm they pose to ourselves and our families.
Injuries sustained as the result of a harmful or defective product are eligible for compensation, same as personal injury claims. If your injuries were sustained as the result of one of the following then you may have a case for product liability use.
- A product that was improperly labeled,
- A product with a manufacturing defect,
- Ignorance of a recalled product,
- A product that did not properly list its hazards, or
- Prescription medications with dangerous side effects
In order to have a successful product liability case, you will need to be able to prove that the use of the product directly caused your injuries and one of following theories: Negligence, Strict Liability, Warranty, or Misrepresentation.
The law states that a manufacture must exercise an industry-standard of care in the creation of its products. If the manufacture did not meet this standard of care then the plaintiff (the injured individual) will have to prove two things: 1. That had the manufacture not been negligent in meeting the standard of care, the plaintiff would not have been injured and that 2. The use of the product presented a foreseeable risk that was disregarded at the time of production.
Strict liability allows for the recovery of compensation if a person was injured as the result of a defective or dangerous product without having to first prove there was negligence on the part of the manufacture.
A warranty is a guarantee made by the manufacture about the quality of the product. There are 3 types of warranties:
- Express Warranty: The manufacture expressly states the level of quality of their product; if the quality is actually less than what was represented then there is a breach of the express warranty.
- Implied Warranty of Merchantability: This warranty is a guarantee that the product is in good working order and will perform as it is intended.
- Implied Warranty of Fitness for a Particular Purpose: This warranty covers the advice given by the seller on how to use a certain product is an accurate representation of the products purpose.
A product liability claim does not have to depend on a defect in the manufacturing of the product or a lack of warnings. Misrepresentation is when the manufacture provides false communication on the use and safety of the product which results in the injury of a buyer.