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Product Liability Attorney

Manufacturers and sellers have a responsibility to ensure that their products are safe for use by consumers. Defective and dangerous products cause thousands of injuries to consumers every year in the United States. If you have been injured by a defective product, contact a personal injury lawyer today. You may have a product liability claim for compensation.

What Is Product Liability?

Product liability is the legal liability that a product manufacturer or seller incurs for producing or selling a defective product. Under product liability laws, manufacturers and sellers may be held accountable for placing faulty products into the hands of consumers.
Examples of defective products that may cause injury include:

product liability in a warehouse

Defective Product Requirements

According to the law, a product may be considered defective in one of three ways:

  • Manufacture: Manufacturing defects occur in the course of producing or assembling the product.
  • Design: This type of defect is present in the product from the beginning before it is manufactured or assembled. Design flaws can make products inherently unsafe.
  • Marketing: Improper labeling and failure to include adequate warnings or instructions fall into the category of marketing defects.

Strict Liability

There are two kinds of product liability a person could sue for. Strict liability is the most common, and the most easily applied type. Through strict liability the focus is on the product itself. This voids the defense strategy of contributory negligence. This means that if the plaintiff was even one percent liable for their injury, they would be completely barred from recovery. Instead the focus is on the product and determining whether it can be deemed defective. The plaintiff is therefore less likely to be barred from pursuing damages related to their injury.

Negligence

Negligence is more difficult to prove, and thus less commonly used in product liability cases. When referring to a product liability case, negligence may include negligent design or manufacture of a product, the failure to warn of dangerous qualities, or even failure to provide adequate instructions for safe usage. If the product is determined to be obviously defective or damaged in some way, however, it is assumed that the plaintiff should have seen or otherwise been aware of the defect, yet they proceeded to use it anyway. If a client is to pursue a negligence claim, they must prove the five following criteria:

  • The design of the product was defective or malfunctioned
  • The materials used contributed to the final product’s defectiveness or malfunction
  • The production process was not maintained in a manner that would prevent or preclude any products from being manufactured in a defective manner
  • Assembly and testing of the product was such that it led to the product being defective or did not detect its defects
  • There were inadequate warnings, labels, directions, or other materials as to proper use and maintenance of the product, which led to customers being unaware of the risk of harm that would be associated with using a defective product, or that led to the customer’s injury due to misuse

Who is Liable in Product Liability Cases?

Regarding liability, anybody who was involved in the chain of production, sale, or distribution of the defective product can be held liable, including “middlemen” or third-party sellers. Because placing a dangerous or defective product on the market is in itself considered a negligent act, anyone involved in the process of getting that product into the plaintiff’s possession may have liability imposed on them.

Potentially liable parties for injuries caused by defective products may include:

  • Product manufacturer
  • Manufacturer of component parts of a product
  • The party that assembles or installs the product
  • Wholesalers and middlemen
  • The retailer that sold the product to the consumer

Why You Need a Product Liability Lawyer

As a consumer, you have a high level of trust that the product you are purchasing is safe, works properly, and will last a set amount of time. However, when these products fail it can cause serious harm to you or those around you, including wrongful death. If you or a loved one were harmed as the result of a defective product, contact a product liability lawyer as soon as possible. The personal injury specialists at Malloy Law Offices, LLC will fight for you nonstop so that you can receive the best outcome possible in your product liability case. Having our product liability lawyers by your side throughout the entire process will greatly ease the burden on your shoulders so that you or your loved one can focus on recovery. We work on the contingency fee system, meaning that your personal finances are never at risk. Contact Malloy Law Offices, LLC today for your free consultation.