Product Liability Basics

Not all products being manufactured today are safe and there are laws that protect consumers against injuries caused by defective products. Injuries caused by product defects fall under a specific category of law, which is referred to as product liability law. Although products with defects should never enter the open market, human error does occur which allows a certain amount of unsafe products to reach the consumer. The United States addresses consumer rights pertaining to unsafe products. Product liability law is a safeguard for the consumer against the errors that manufacturers make when producing consumer products.

How the Law Defines Product Liability

Under product liability law, manufacturers and sellers can be held responsible for any injuries that consumers experience from using unsafe and defective products. All those involved with the development, shipment and sales of defective products can be held liable for injuries that defective products may cause. Defective products that cause harm constitute negligence on behalf of the manufacturer. There are also state consumer protection laws that must often be taken into consideration when it comes to product liability issues.

The Process of Assessing Product Liability Issues

Assessing a consumer’s situation pertaining to any harm caused by a defective product involves a few different components. First, there must be proof that a product has a defect in order for a consumer to qualify for protection under product liability law. Often, a significant amount of research and assessment is needed by experts to make a determination. Then, the liability claim moves forward when the expert determines and confirms negligence on behalf of a manufacturer. Negligence may involve a poor-quality product or a mistake made during the manufacturing process.

Further Investigating Defective Products

There are other issues to be concerned with when a consumer needs further proof for filing a product liability claim. For example, if poor craftsmanship or a product defect is not identified by an official investigator, further investigation may prove design defects. In order to prove a design defect, among other things, the plaintiff must show there was a safe, economically feasible, practical alternative design that could have been used. If a design defect is determined by a professional investigator, then the next step involves proving failure to warn the consumer if a product fails to meet standard expectations of safety. There are many ways that manufacturers can get out of being liable for injuries caused by the products they make. This is why it’s important for consumers to hire lawyers who are experienced with product liability law so they can better serve their clients, and successfully hold manufacturers responsible for any injury caused by the use of defective products.



About the Author

Jason Ostendorf is a Maryland personal injury lawyer.  His firm handles products liability, car accident, slip and fall, legal malpractice and other personal injury cases.  For updates on legal news and consumer issues, follow him on Twitter at www.twitter.com/LawOfficeJasonO.