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Product Liability and Injury Claims...
Product liability works differently then liability in most other personal injury cases. Product liability law has laid things out so that in almost every case the manufacturer is liable for injuries caused by their product. This is standard across all states as a means of protecting the consumer.
How can a consumer prove that a particular product was defective as a result of carelessness on the part of the manufacturer? And how can the consumer be shown as being careless themselves unless they are obligated to closely inspect every single product ever purchased?
With product liability the law has taken the negligence factor out of the equation - this is known as strict liability. Unlike other situations, the only thing that matters is causation. There are four factors you need to look into to solidify your case:
1) The product had to be unreasonably dangerous.
2) It had to have been used in its intended fashion.
3) It couldn’t have been greatly altered from its original condition.
4) The user could not have been previously aware of the defect.
Unreasonably dangerous means that it is okay for a product to have dangers as long as they are understood and necessary. If you burn yourself on a toaster’s element the manufacturer will naturally claim that it is reasonable for the toaster to get that hot. If, however, the toaster had an electrical problem and caught fire then your burns were sustained due to an unreasonable danger - in this case it's a product defect.
Strict liability won’t apply if you were using the product in a way the manufacture didn’t intend. If someone used a screwdriver to pry open a bottle cap and cut themselves as a result, the manufacturer of the screwdriver wouldn’t be held responsible. If the screwdriver injured someone because it broke while they were tightening a screw then strict liability would apply.
Things can often be subjective when it comes to a product being altered. Product liability law says that you can’t modify a product significantly. The idea is that if your alteration was something unforeseeable by the manufacturer, or something that changed the way the product worked, you wouldn’t be able to win your case.
In a product liability lawsuit the manufacturer will often try to show that you knew there was a defect before using the product. Auto manufacturers will go to great lengths to let their customers know when a defect is discovered. Often someone will see that their appliance is sparking but will continue to use it anyway. In any case, if the manufacturer can show that you knew about the defect before the injury then the manufacturer’s defense will be greatly strengthened.
Product liability applies to anyone using the product. The person does not have to be the original purchaser and may even have bought it second hand. If the product was purchased from a store that regularly deals with that type of item then the business can be held liable as well.
Still have questions about product liability? Click Here.
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