Products liability allows a victim of a defective product to recover if the product purchased was dangerous or defective and caused the consumer an injury. Each party responsible for placing the product in the stream of commerce can potentially be held liable. This includes the manufacturer, distributor, wholesaler, and retailer of the product.
Types of Product Defect Theories:
Design Defects: this occurs when the design of the product makes the product unreasonably dangerous. It must be shown that the product is more dangerous than otherwise would be but for the design defect.
Manufacturing Defects: a manufacturing defect occurs when a mistake is made in the production or assembling of an individual product.
Failure to Warn: this occurs when the product is not unreasonably safe, but it has certain dangers the customer should be aware of. Improper instructions and failure to warn of latent dangers in the product are included. However, a misuse of the product by the consumer alleviates liability.
Breach of Warranty: if a product fails to live up to its safety standard expressed or implied by the manufacturer or seller.
Types of Cases:
- Medical Devices
- Automobile defects
- Children’s items and toys
- Defective tools and equipment
- ATVs & Offroad Vehicles
- Space Heaters
- Solar Panels
- Jet Skis
- Swimming Pool Installations
Product liability cases are complex, The Crew Law Firm has the experience to effectively navigate through your case and the resources to strongly advocate for you.