Types of Product Liability Lawsuits
When an individual suffers injury due to a defective product, they may be entitled to pursue a product liability lawsuit. These legal claims fall into three main categories: negligence, strict liability, and breach of warranty. It’s essential for injured parties to understand these categories to properly navigate their path to justice.
Negligence
In product liability terms, negligence refers to a failure by the manufacturer, distributor, or retailer to exercise appropriate care in the making or selling of a product, leading to consumer harm.
For instance, if a company did not carry out thorough safety checks before releasing a product to the market, and a consumer is harmed. As a result, that company could be held liable for negligence.
To succeed in a product liability claim based on negligence, the injured party (the plaintiff) must prove the following elements:
- Duty of Care: The defendant (the manufacturer, distributor, or retailer) had a duty to ensure the safety of the product. Every party involved in bringing a product to market is generally assumed to owe a duty of care to the consumers.
- Breach of Duty: The defendant breached this duty of care. This could be through actions such as cutting corners during manufacturing, failing to adequately test the product for safety, or neglecting to follow industry standards or regulations.
- Causation: The defendant’s breach of duty directly resulted in the injury. The plaintiff must prove that their injury would not have occurred but for the defendant’s negligence.
- Damages: The plaintiff suffered harm or loss as a result of the injury. This could include physical harm, emotional distress, lost wages, or medical expenses.
Negligence-based product liability claims require careful examination of the processes and procedures employed by the manufacturer, distributor, or retailer. An experienced product liability attorney can help with these claims. A detailed knowledge of industry standards and regulations, as well as a firm grasp of the technical aspects of the product in question, is often necessary to prove negligence.
Strict Liability
In the context of product liability law, the principle of strict liability plays a vital role. Unlike other types of liability that require the injured party to prove that the manufacturer or distributor was negligent, strict liability applies regardless of how much care was taken to ensure the product was safe.
The concept of strict liability assigns responsibility to a party for the harm caused by their products, irrespective of whether they exercised due diligence. This means that a company can be held liable if a consumer is harmed by their product, even if they took all reasonable precautions to ensure the product was safe.
This principle can simplify the path to compensation for injured parties as they don’t need to demonstrate negligence. They only need to show that the product was defective and that this defect led to their injury. Strict liability typically applies in cases involving:
Manufacturing Defects: These occur when a product deviates from its intended design due to some error in the manufacturing process, leading to an unsafe product.
Design Defects: These involve a flaw in the product’s design that makes it inherently dangerous, even when manufactured correctly according to specifications.
Marketing Defects (Failure to Warn): These defects involve a lack of adequate safety warnings or instructions, or a failure to provide information about the product’s potential risks.
Breach of Warranty
A warranty is a manufacturer’s or seller’s assurance that a product will meet specified quality and performance standards. If a product fails to fulfill these expectations, it constitutes a breach of warranty.
There are two primary types of warranties: express and implied. An express warranty is a specific promise made by the seller or manufacturer about the product (such as a guarantee against defects for a specified period). On the other hand, an implied warranty is an implicit assurance that the product is fit for its intended purpose.
If a product doesn’t live up to the terms of its express or implied warranties and subsequently causes harm, the injured party may have a valid product liability claim for breach of warranty.
Each of these categories of product liability lawsuits carries its own set of legal considerations. For those who have been harmed by a defective product, it’s crucial to secure the support of a seasoned product liability attorney from the Law Office of Mohaimina Haque, PLLC like to navigate this complex terrain and pursue justice.
