Legal Guide

A brief overview of product liability law cases

Accidents, major or minor, are a part of our everyday lives. A neighbor getting seriously injured in a road accident or a friend getting injured because its water heater backfired. Such incidents are common, but what remains largely unknown is that there can be major legal repercussions in such cases for the ones responsible for such damage. Product liability case is a common form of personal injury legal cases, and there are thousands of such cases across countries every year.

The products that we use in our everyday lives are often taken for granted. We consider them to be safe, as long as, they don’t harm us in any way. If a defective product harms the consumer, user or any bystander, then the manufacturer, distributor, retailer or any party involved in making the product public is liable for such damage. In the process of manufacturing, designing or selling the product, there might be negligence at the part of the party involved in the process. Say a product had a defect right from the point it got manufactured or say during its packaging, enough warning wasn’t issued about the side-effects of the product or instructions about how to use it wasn’t mentioned clearly. All this can cause injury to the consumer.

Who can all be held responsible for product defects?

A product is manufactured, its parts are manufactured, it is next assembled and finally packaged before it is made public, and the wholesaler then sells it to the retailers who ultimately hand it over to the consumer or user. In all these stages, any of the concerned party can be held responsible.

What are the possible defects in a product?

Right from the stage, a product is designed to the stage it is manufactured and assembled, a product can have defects in any of the stages. Even though the product is manufactured all right, if there is any flaw in marketing it, such as improper labeling or insufficient instructions about the product usage, then such a case also qualifies as a product defect.

What can be the different types of liabilities?

If any of the parties involved in the process of bringing the product to the public has acted negligently or failed to take enough care to ensure that the product is designed and manufactured safely, then it is considered liability arising out of negligence. A warranty is a promise or an implied contract between the vendor and the consumer that the product is fit for consumption. Such a contract can be written, oral by way of a statement by the salesperson or in the form of literature that is distributed as a part of the advertisement material of the product. Any violation of the particulars mentioned in the contract is a breach of the warranty. Again, there can be cases of fraud wherein the vendor fraudulently sells the product.

What if the basic nature of the product is unsafe or dangerous?

A knife is not a knife if it cannot cut anything that comes its way. Some products are dangerous by nature. In such cases, the manufacturer or packaging agent must give enough warnings about the risks and hazards of the product.

As a consumer, we have the right to safe products. Contact Price & Price attorneys to know about your consumer rights now!

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