If you bring a product liability lawsuit, different parties involved in the making, distributing or selling of the defective product can be held liable. The applicable law may depend on the state where the personal injury occurred, where the product was made, or where it was distributed. Defective product lawyers can determine the law that may be more favorable to the injured party, if the product is part of a mass tort, and if a class-action lawsuit should be pursued. Parties responsible for designing, manufacturing, distributing, selling, and marketing defective products can be held liable to the injured party.

Theories of Liability in Defective Product Cases:

Strictly liability

A party is liable whether or not they were negligent or intended to do harm. Any party involved in the distribution chain of the product is liable if the injured party proves that the product is defective, regardless of the party’s intent in the creation or distribution of the defective product. Usually, the law imposes strict liability on inherently dangerous products, such as fireworks and heavy machinery.

Negligence

A party is liable if they breach a duty to exercise reasonable care and this breach causes injury. Negligence consists of doing something or failing to do something a reasonable person would do under the same or similar circumstances. For example, a party involved in the distribution chain of a defective product can be negligent in inspecting or issuing adequate warnings for the product.

Breach of warranty

Under the law of contracts, there are warranties related to the sale of products or goods. There are express and implied warranties. The breach of a warranty can give rise to warranty claims. In a breach of a warranty claim, the consumer asserts that the defective product violated a promise made by a party in the distribution chain of the defective product.

An express warranty is a promise or guarantee made about the product. Product warranties are a common example of express warranties. If you purchase an appliance with a five-year warranty, you expect it to work for that period of time. Express warranties can be made by specific statements, in the description of the product, or by a sample of the product, for example.

An implied warranty applies when a consumer purchases a product. Implied warranties include the warranty of merchantability (the product is in proper condition and free of defects) and the warranty of fitness (the product is guaranteed for a specific purpose).

Product warranties protect the original buyer. Product liability lawyers can help you determine if they apply to other types of consumers or buyers.