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Product Liability Law Questions
Product liability law involves injuries arising from a defective product. Generally, defendants manufacture, design, or sell the defective product.
Additionally, poor directions or failing to provide appropriate warnings for using the products are considered marketing defects.
Three different theories can be asserted on product liability claims and the laws in each jurisdiction help attorneys decide which is most appropriate. Strict liability is not based on a duty of care, just that the product is defective. When asserting a breach of warranty the underlying theory is that the manufacturer made an implied or express promise that the product could perform its intended purpose adequately and failed. Under a theory of negligence, one must prove that the manufacturer’s failure to meet its duty of care to the claimant caused the injuries. States vary in their products liability statute of limitations and claims must be brought within a specified time period. Products liability attorneys can evaluate the circumstances surrounding defective product cases and assess damages based on injuries, medical bills, and present and future earnings.
Compensation for property can also be awarded. In addition, punitive damages can be assessed if it is determined that the defendant showed a conscious disregard for the safety of the public. Punitive damages are awarded to discourage defendants from failing to disregard public safety.
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