Defective Products
When personal injury, death, or property damage
results from a defective product, a product liability
claim may be filed. Some areas of product manufacturing
to be considered are: construction, design, formula,
preparation, assembling, testing, service, warnings,
instructions, marketing, packaging, or labeling.
Claims may be based upon strict liability in tort,
negligence, concealment, non-disclosure, misrepresentation,
breach of express warranties, breach of implied warranties,
failure to warn or instruct, or under other legal
theories based in tort and contract.
An individual or company can be held liable for
a product if it is determined to be defective or
dangerous at the time that it left the manufacturer
or seller’s control. A defective product is
one whose condition renders it unsafe for normal
or anticipatable handling and consumption. An unreasonably
dangerous product is one that is dangerous to an
extent beyond the contemplation of an ordinary consumer
who purchases it, or because a reasonably prudent
manufacturer with knowledge of its dangerous condition
would not place it on the market.
The early investigation of product liability claims
is vital. Preserving physical evidence, investigating
relevant scenes, and taking witness statements are
all essential to a case’s success. Physical
evidence must be evaluated by a qualified expert
as soon as possible. The product or scene must be
documented with photographs and videotape if possible.
Witness statements must be taken promptly in order
to preserve critical evidence.
Here is a list of just a few of the items over
which suits have been filed:
- Automobiles
- Electrical equipment and appliances
- Medical instruments
- Medications
- Firearms and accessories
- Airplanes and helicopters
- Buildings and building equipment
- Materials and substances (clothing, insulation,
etc.)
- Childcare products (car seats, toys, etc.)
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