Product liability - lawyers & consumers personal injury resources

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Products liability lawsyers

Products liability laws refer to the liability of anyone with a responsibility for a product -- from the supplier or manufacturer to the seller -- if that product causes damage due to defect. Product liability law has grown to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts). Liability claims can be based on negligence, strict liability, or breach of warranty of fitness. The United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.

Examples of product liabilities involve defective products such as gas tanks, tire defects, air bag injuries, toxic chemicals, some environmental pollution as well as products that do not live up to their respective guarantees or warranties. A product is legally considered defective if it was made poorly or sold with flaws. A product may fulfill its purpose as expected but an injury may occur in normal use. A product may also be safe if used carefully, but it may be considered defective if the manufacturer 's information on how to use it is unclear, incomplete or incorrect. This misrepresentation concerning the product, if resulting in an injury, may entitle the plaintiff to damages.

The U.S. Consumer Product Safety Commission advises that there are 200-300 product recalls each year. Most of these recalls involve children's products and toys but also included are automobiles, furniture, household appliances, tools, and safety equipment such as smoke detectors and circuit breakers. These defective products are responsible for scarring, pain, suffering, disabilities, loss of income, debt due to medical and other bills and even death.

Products liability laws are designed primarily to prevent harm or to compensate a person or property for harm. This harm or injury may be a matter of physical injury, mental injury and/or financial injury. These laws are generally grouped under the same category as Personal Injury Law, which is tort law.

A civil wrong, or a tort, is recognized by law as grounds for a lawsuit. Sometimes these wrongs are considered crimes and punishable with imprisonment, but the primary aim of tort law is to provide relief through compensation to injured parties for the damages incurred. Among the types of recoverable damages are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. This means that a person who has been injured due to a defect in a product or a breach of an expressed or implied warranty may be able to bring a lawsuit against the manufacturer or the seller, or anyone else in between.

Torts occur through unreasonable negligence, malicious intention or strict liability. Tort law is state law created through state courts and generally using the Restatement of Torts (2nd) as an influential guide.

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