Defective or Dangerous Products Liability
The law requires that a product meet the ordinary expectations of the consumer.
This means that the manufacturer or seller of a product is expected to supply products that are not defective or harmful to consumers when used in a typical and expected manner.
When a product has a defect or poses an unexpected risk of harm, the product cannot be said to meet the ordinary expectations of the consumer. If a person is injured by a product, the injured person can seek compensation for the damage caused to him or her as a result of the defective product.
Product Liability: Injury
For example, a knife is not defective if it cuts someone. Knives are, by their nature, sharp, and cuts are expected if they are not handled carefully. However, if a knife explodes in the cold, it would clearly be defective. Likewise, a drug that causes an unexpected consequence could be defective, as does certain Magnetic Resonance Imaging (MRI) dye.
Liability for a product defect could rest with any party in the product’s chain of distribution such as the manufacturer, wholesalers, a retail seller of the product or an assembler/installer.
Typically, Product Liability claims are based on “negligence,” “strict liability,” or “breach of warranty.”
Let us help you assess if you have a product liability claim. Contact The Farris Law Firm at 314-A-LAWYER (252-9937) today for a free consultation.
About the author, S.E. Farris
Spencer Farris is a personal injury lawyer at The S.E. Farris Law Firm in St. Louis, Missouri. See his profile on Google+