4 Theories of Product Liability
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When a product has a defect and has caused your children injury, it is a serious matter. We always tend to hear about children product recalls. It can happen with any product and to anyone. You have a right to file a lawsuit. Companies sometimes act negligently when creating their product in order to cut on costs. Perhaps it was cheaper to use a foreign manufacturer but in that, they created a defect. In strict product liability laws, it states that the seller, manufacturer, or distributor may be liable to the injured person, even if they did everything in their power to make sure there were no defects. When you are injured by a product, it’s essential to know the four theories of product liability. You’ll have to prove one of these theories to claim compensation but it may also be a combination. For example, a product could’ve caused injury due to negligence as well as breach of express warranty.

Strict Product Liability

In some product liability cases, you don’t have to prove that the supplier or manufacturer did not use extreme caution in the making of the product, meaning they were negligent. What you do have to prove and show is that the product is defective and it was its defect that caused injury. This applies to states with strict product liability.

Negligence

In this case, you will have to show that the supplier and/or manufacturer “failed to exercise reasonable care” in the making of the product. This may be hard to prove depending on the manufacturing and the type of product. For example, trying to prove a pharmaceutical manufacturer was negligent and failed to use care when checking quality, may be difficult. However, if you prove a car manufacturer was careless in making sure the airbags deployed, this proves negligence in product liability.

Breach of Express Warranty

This is the type of warranty that is written or stated. If this warranty is breached, then you may have a case for product liability. It includes labels and packaging on the product as well as advertisements. For example, if a product is advertised as having a certain feature and when you receive that product it doesn’t have that feature, then it is considered a breach of express warranty.

Breach of Implied Warranty

This warranty is when the law automatically applies and it does not have to be guaranteed by the manufacturer or the supplier. For example, if a vacuum cannot clean the average carpet then it violates an implied warranty. Some retailers may sell items “as is” which invalidates the implied warranty.

When you buy a product, you trust that it will work as intended. Instead, it has caused you or your loved one’s injury. The company has failed you. When this happens you deserve to have proper compensation. These parties need to be held accountable. You want someone who is an expert in product liability law and will be on your side. Schedule an initial consultation with a San Francisco product liability attorney at 415-404-6395 or fill out this contact form.

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