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Product liability
refers to the legal liability of manufacturers and sellers
to compensate buyers, users, and even bystanders, for
damages or injuries suffered because of defects in goods
purchased. A tort (i.e. a civil wrong) which makes a
manufacturer liable if his product has a defective condition
that makes it unreasonably dangerous to the user or
consumer.
Any or all parties along the chain of manufacture for a
product can be held liable for damage(s) caused by the
product. The chain of liability for a product ranges from
the manufacturer of component parts of a product (top of the
chain) all the way down to the retailer (bottom of the
chain). The assembling manufacturer and the wholesaler can
also be held liable for product liability.
Product liability can of course be applied to tangible
personal property, but can also be applied to intangibles
(i.e.- gas), naturals (i.e.- pets), writings (i.e.- maps,
navigational charts), and real estate (i.e.- house), as
well.
Product liability claims can be filed by either the consumer
of the product, or by someone to whom the product was loaned
or given. While there is no federal product liability law,
most states have product liability laws. (The product
liability laws are diverse, and vary from state-to-state).
No matter what state or jurisdiction you're in, to prove a
product liability case, you must prove that the product is
DEFECTIVE. The three types of product defects are: design
defects, manufacturing defects; and defects in marketing.
Design defects are inherent and occur before the product is
even manufactured. Manufacturing defects occur during the
production of a product. Defects in marketing are either
improper instructions for a product or the failure to warn
consumers of the possible dangers of using a product.
The Law Firm of
Stewart Springer can assist you with your injury claim from
a defective product. Contact us now!
I
represent clients in Birmingham, Alabama, and most clients
come from Alabama, al though we have helped clients
throughout the United States. My personal injury lawyers
receive many cases from the Alabama cities of Bessemer,
Mountain Brook, Homewood, Fairfield, Gadsden, Jasper,
Mobile, Montgomery, Huntsville, Greensboro, Fayette,
Pickens, Greene, Hale, and Tuscaloosa.
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