Pritzker Olsen Attorneys

Product Liability Law

The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantibility in the sales of goods ยงยง 2-314 and 2-315.

In order to win a product liability case you need to prove three key points:

  • The product causing the harm must have been in a defective condition, unreasonably dangerous for its intended use

  • The defect must have existed when the product left the manufacturer's control

  • The defect must have caused your injuries and damages

A product is "defective" if an ordinary user or consumer could not have anticipated the danger the product created. The defect may be caused by the way the product was manufactured, assembled, inspected, packaged or tested.

From a practical standpoint, that means you have to ask these questions about the product that caused your injury:

  • Could the manufacturer have "designed out" the defect? In other words, could the dangerous condition have been avoided by an alternative design that was economical and practical?

  • If the dangerous condition could not have been avoided without impairing the efficiency of the product, did the manufacturer guard the product user from coming in contact with the dangerous condition?

  • If it was not possible to design out the danger or guard against it, did the manufacturer at least warn or instruct the user about the dangerous condition and the way in which it could have been avoided?

In any jurisdiction, a common denominator of any product liability case is the need to 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 claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction where the claim is based.

Product 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 will be liable for it.

It's also important to consider the issue of damages. People injured by defective products are entitled to receive money damages for such things as pain and suffering, medical bills, lost wages, loss of earning capacity, disability and disfigurement, emotional distress and, in some cases, loss of enjoyment of life.

The bottom line is this: product liability law is extremely complex. It's important to hire a lawyer with considerable experience in this area of the law.

To contact our law firm, please call 1-888-377-8900 (toll-free) or submit our free consultation form.

 


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