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Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.
Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.
There are three types of product defects that incur liability in manufacturers and suppliers:Design Defects. Design defects are inherent, as they exist before the product is manufactured.Manufacturing Defects. Manufacturing defects occur during the construction or production of the item.Defects in marketing.
Consumers are not always aware of the many different ways products can harm them. In general, a product defect will fit into one of three categories....Marketing DefectIncorrect user instructions.False claims.Failure to warn consumer of risks.Advertisements encouraging improper use.Improper warning labels.
Strict products liability involves the commercial sale of defective products. In most states, any retail, wholesale, or manufacturer who sells an unreasonably dangerous, defective product that causes injury to a user of the product is strictly liable.
A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".
Product liability refers to the liability of any or all parties along the chain of commerce of any product for damage caused by that product....Product Liability for Manufacturing Defect ClaimsDefects in design.Manufacturing defects.Failure to warn.Breach of warranty.
Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. If you purchase a product that simply does not perform as advertised, causing no actual injury, then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange.
If you make a defective product claim, there are four elements of your claim you must prove:You were using the product as intended.The product was defective.You were injured or otherwise suffered harm.The product's defect caused you harm.