Products Liability Claims

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the 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.

In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.

Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it

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Personal Injury

Injuries to one's person can occur in numerous different ways. In addition to car & automobile accidents, there are many other examples of situations that would provide a legal basis for personal injury claims. These include negligence towards others, as in medical malpractice claims and patient neglect in nursing home and healthcare facilities. Additionally, any person or business can be negligent of adequatley maintaining their property which may result in slips and falls or other accidents; and criminal incidents that may occur because of negligent security. Also, people can be injured as the result of intentional attacks, such as in the cases of dog bites or assault and battery.

Injuries to property can happen due to theft/vandalism, embezzlement, and negligence, while injuries to one's reputation typically occurs as the result of libel or slander.

When a person suffers an injury to his person, rights, reputation, or property, they may be entitled to compensation and should consult a lawyer immediately. In addition to Personal Injury claims needing to be filed within specified time periods, over time, critical evidence can dissipate making claims harder to prove.

An injured party may be entitled to recover damages for loss of earnings capacity, pain and suffering, and reasonable medical expenses, including both current and projected future losses.