What are the elements of product liability?

On Behalf of | Feb 5, 2020 | Firm News |

When you buy a product, you expect it to meet specific standards. However, sometimes the manufacturer and other sellers may give customers products that do not meet quality standards. If you receive substandard goods from a seller, there is a course of action you may take. 

According to NCBI, there are two types of product liability claims that you need to know. The first is to prove that there is a defect in product design or manufacture. The other relates only to how well the manufacturer warns users of the dangers of their product. 

For product liability claims, the primary component relies upon the items and whether there are facts to support their defectiveness. The defects can show during all stages of life from the design to the labelling and advertising. There may also be issues with the instructions provided to you on how to use the product. 

This liability also combines the laws of tort, which include deceit, negligence, and strict liability and the warranties offered. It means that you have several ways to pursue your claim. Your case will be on the seller, manufacturer, distributor, or other parties who may be at fault. You could also show that the product has false, misleading, and erroneous information. If the defendant contests you claim, their move will always be to prove that the product was free of defects. 

If the claim is successful, you will be entitled to damages for the injury and any other expenses you may have incurred. All medical, funeral and additional costs will get paid. You will also get reimbursed for any suffering encountered, especially the loss of future earnings.