July 14, 2024
The Statute of Repose in Product Liability Cases

They might contend that other factors were responsible for causing injury rather than any defect in their product. On the other hand, plaintiffs pursuing a product liability claim must establish several elements to prove liability on behalf of manufacturers or sellers. Firstly, they need to demonstrate that there was indeed a defect present in either design (flawed from inception), manufacturing (error during production), or marketing (inadequate instructions/warnings). Secondly, they must show how this defect caused their injury or harm. Lastly, they need to establish that they were using the product as intended and not misusing it. In terms of liability, manufacturers are typically held strictly liable for any defects in their products. This means that even if they exercised reasonable care during the design and manufacturing process, they can still be held responsible for any injuries caused by a defect.

Sellers may also be held liable if they knew or should have known about the defect but failed to take appropriate action. In conclusion, defenses and liabilities play significant roles in product liability claims. Manufacturers often rely on defenses such as misuse, assumption of risk, contributory negligence, or lack of causation to avoid liability. Conversely, plaintiffs must prove the presence of a defect and its causal link to their injuries while demonstrating proper use of the product. “Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. One common basis for product liability claims is a breach of warranty. A warranty is a guarantee made by the seller or manufacturer about the quality or performance of a product. If a product fails to meet these guarantees and law firm near me causes harm, it may be possible to prove a breach of warranty in order to seek compensation.

Existence of Warranty: The first step is to establish that there was indeed an express or implied warranty associated with the product. An express warranty can be written or verbal statements made by the seller regarding specific qualities or features of the product. On the other hand, an implied warranty arises automatically under law when certain conditions are met (e.g., fitness for ordinary purposes). Breach: Once it has been established that there was a valid warranty, it must then be proven that this warranty was breached – meaning that the product did not meet its promised specifications or failed to perform as expected. Causation: It is crucial to demonstrate that any injuries suffered were directly caused by this breach of warranty rather than some other factor unrelated to the defectiveness of the product.