Defective products cause thousands of injuries in the United States every year. That is where product liability laws come in handy. In fact, this field of law determines who should be responsible for defective products on the market. Such rules are quite different to ordinary injury laws. This makes it easier for the injured consumer to seek redress for the injuries caused due to defective products.
The manufacturer or seller is usually liable for selling a defective product to the final consumer. The responsibility lies with the sellers and manufacturers of the product. In fact, the law requires that a certain product meets the ordinary expectations of the consumer. A defective or dangerous product doesn’t fall into the category of meeting the ordinary expectations of the consumer.
Product liability claims are usually based on state laws, and there aren’t any federal liability laws. For a product liability claim to arise, the product needs to be sold in the marketplace at some point in time. In the past, a contractual relationship had to be established between the consumer and the supplier in order to file a claim for the defective product. That requirement no longer exists. In fact, the injured person doesn’t have to be the purchaser of the product. Any person who could have been injured by the defective product can file a claim. But the particular product should have been sold to someone in the first place. Liability of a defective product can rest with any party of the supply chain such as the manufacturer, the manufacturer of certain components required for the product, a third-party that installs or assembles the product, the wholesaler, or the retailer that sells the product to the final consumer.
For product liability to apply, the sale should take effect in the regular course of the retailer’s business. Hence, if you buy a defective product from a garage sale, you may not be able to claim for liability. There are three types of defects that an individual could file a claim for – such as design defects, manufacturing defects, and marketing defects.
If you are faced with defective product injury, you need to consult the right attorney to present your case. It will help you claim for such injuries.