Overview of Product Liability
Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products. Product liability cases usually require preservation of the defective product. There are generally three types of product liability cases: negligence, strict liability and breach of warranty. Pursuing a product liability case is complex and expensive.
Federal and state laws provide protection to consumers who purchase goods which prove to be unsafe. All products sold to consumers have what is known as an implied warranty of merchability. This means that if a product purchased for a particular purpose, it must be able to do what it was intended to do safely and without causing injury. Because a manufacturer of a product is usually the one most able to reduce or eliminate the hazards created by their products, the law requires them to act responsibly and ethically in design and manufacture all products that are sold to the public. Every manufacturer is legally and financially responsible for injuries caused by their unsafe products.
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All states allow some form of recovery to persons injured by "defective products." Manufacturers are responsible for damages caused by the defective product. Those who are considered to be in the "chain of commerce" may be liable, even if they didn't know of or cause the defect. Tracking down all of the parties who may be responsible is tricky, so a good attorney will be vital in locating all of the parties that should be sued. You may have a class action suit if there are a lot of people that have been injured by the product. If circumstances are similar to others who have been injured, you could hire an attorney to represent all of your claims.