Product Liability

Product liability refers to the liability of the manufacturer, or any of the parties involved in the production or distribution wing of the product as a result of the damage caused by the product. They include the manufacturer, the wholesaler, the retailer and all other parties involved the production including the ones at the bottom of the chain.

The claims of product liability can be due to breach of warranty, negligence and lack of quality. The law may vary in slight aspects from state to state, but it is basically to help protect the rights of the consumer. In all jurisdictions, one has to prove that the product is a defective one. Basically, there are three types of defects for a product. They include the manufacturing defects, defect of the design, and the defects in marketing. While defects in design are inherent and occur even before the manufacture, the manufacturing defects are occurred as a result of lack of professionalism. Defects in marketing are even more serious as they are misleading the consumer by not revealing the facts or potential problems of the product.

Product liability law is sometimes also referred to as “products liability” and the ultimate aim of the law is to protect the rights of the consumers and keep them from dangerous products. It also makes the manufacturers, distributors and the retailers produce products with some quality.

Though this law mostly involves retail items purchased by the consumers, it covers the customer from a lot other things that could be sold. For instance, it is possible to file a lawsuit against a real estate business for something such as a defective siding or a poorly installed vapor barrier or a leaky wall that causes mold to grow inside the wall.

One of the frequent cases in product liability is that of breach of warranty. In reality, a warranty is a contract between the manufacturer and the customer. If the manufacturer deviates from any of the promises he has made, it is a breach of contract and it can be questioned in the court.

Product liability law has helped many people across the United States to get repayment for their losses from the manufacturers and it has also kept the amount of cheatings to a minimum. Any person can file a suit if he finds that he is cheated. Contact a product liability attorney for expert advice.

One of the problems with strict liability law, as in the opinion of the critics of this law, is a high transaction rate which results in a possible withdrawal of consumers from the product. But the fact is, the producers will be forced to manufacture quality products. As a result the consumer will naturally accept the product and he will be ready to pay a bit more for a quality product.

Moreover, strict laws will force the manufacturers to take extreme care in each and every aspect at the production level. A mutual trust will arise between the consumer and the producer. The stains of ill relations will slowly fade away.