The Three Types of Product Liability Lawsuits
Posted by: DFX on Sep 09, 2016
Have you or someone you care about been injured as a result of a faulty product? If so, you may be eligible to receive payment for injuries and pain and suffering. There are three main types of product liability lawsuits: negligence, strict liability, and breach of warranty.
In a negligence case, there are two main things that must be proved by the claimant. First, they must show that they received injuries as the result of the faulty manufacture or design of the defendant’s product. Second, they must prove that the defendant either knew about the faulty design or manufacturing process, or that they should have. There are many points during the development of a product that negligence can take place:
- The initial planning of the product
- Proper maintenance on manufacturing or fabricating machines
- Not seeing plausible uses for the product that are dangerous
- Releasing the product before it was thoroughly tested for safety
- Not inspecting or testing the product properly
Generally speaking, products liability cases involve going after the company for strict liability. In this case, the person who’s injured only has to prove that a defect in the product existed and that their injury happened as a result of it. If there is indeed a defect, then it may be true that the manufacturer is liable for any and all damage or injuries that resulted from said defect – even if the manufacturer did everything they could to prevent the defect.
In order for strict liability to apply, the product must have been purchased in the manufacturer’s chain of distribution. As a result, if the product was bought used or second-hand, then it’s not eligible for a strict liability claim.
Breach of warranty
Any time a product is sold, there are two warranties for the buyer: an express warranty and an implied warranty. The express warranty refers to anything the company states about the product and its safety. The implied warranty isn’t said explicating but is implied. It covers the fact that if the product is used as it is intended, it won’t cause harm. A breach of warranty cause of action involves a person who’s injured as a result of using a product the way it was intended to be used.