Defective or Dangerous Products
Negligence, Strict Liability and
Breach of Warranty
A Negligence products liability claim
is usually based on one or more of
the following:
- Design Defect
- Manufacturing Defect and
- A Failure to Warn
A claim for product liability may
succeed even when products were used
incorrectly by the consumer, as long
as the incorrect use was foreseeable.
It is foreseeable, for example, that
someone will use a chair as a step
stool, and injuries that happen due
to a defect during that use might be
covered. A warning will often make
a defective product reasonably safe
for its intended use.
Most products
liability claims are based not on negligence,
but rather on strict
liability. Under
the theory of strict liability, product
manufacturers or sellers are held liable
even if they did not act negligently.
In other words, the injured victim
need not prove that the maker or seller
of the product was negligent. Fault
on the part of the manufacturer need
not be proven. It does not matter whether
the manufacturer was aware of the defect
or not, it will still be deemed strictly
liable for any injuries caused by the
defect.
This allows an injury
victim to recover for his injuries
without "climbing into the motives"
of the product’s maker. Manufacturers
are expected to build the cost of such
injuries into its product, as they
are better situated to cover the loss
than individual victims.
Breach of Warranty means that a product
did not fulfill the designated use
expectation. It is presumed that a
product will work for its intended
purpose. A car that is in the repair
shop daily may be in breach of its
warranty.
Learn more about:
Spencer
E. Farris and The S.E. Farris
Law Firm have successfully represented
victims in a wide variety of product
liability cases, including defective
food products, drugs and medical devices
(Breast implants, L-Tryptophan, Fen-Phen,
Rezulin, Baycol, and others), Car Seats,
appliances, industrial machinery, automobiles,
asbestos, and vaccines.
If you or anyone
you know has been the victim of a defective
or dangerous product, contact
us at 314-A-LAWYER (252-9937)
for
a free consultation.
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