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Product Liability Law
Product 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.
Product liability lawyers work in the filed of mediating and litigating
about products that cause harm by way of malfunction. The products
purchased or leased from retailers are done so with assurances of
quality and proper functioning. Persons who come to harm or injury due
to negligence on the part of manufacturers or from persons or
businesses who lease or sell such products may be liable for suit when
injuries or harm occurs.
Product liability attorneys collect evidence of malfunction or improper
manufacture and assess situations concerning amount of damages,
reasonable compensation, and potential award to be received. Things
that product liability attorneys look for are defective marketing. This
type of marketing fails to let consumers know of potential hazards of
the product they are using. Design defects are those defects that
happen while the product is being designed and manufacturing defects
are what occur while the product is being made.
Examples of defective products are medications, infant products such as
strollers, swings and toys, food from stores or fast food and make up
and automobiles and their products, such as tires.
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