Product liability lawsuits are civil actions against parties involved in manufacturing, design, distribution, or sale of defective or unsafe products. The lawsuit can be based on negligence, breach of warranty, or strict liability. The plaintiff must prove that the defendant violated the duty of care, caused damage, and that the defect caused the injury. A design flaw, manufacturing defect, or marketing defect can lead to a breach of warranty claim. Strict liability requires proof of a defective product causing injury.
A product liability lawsuit is a civil action brought against a party involved in the manufacture of a product. These cases are usually filed against product designers, manufacturers, wholesalers, distributors or retailers. In general, the plaintiff claims that the defendant designed, manufactured, distributed or sold a defective or unsafe product. The product in question is usually a tangible object, such as a car, washing machine or piece of clothing.
Typically, a product liability lawsuit is based on an underlying legal theory, such as negligence, breach of warranty, or strict liability. Product manufacturers can be considered negligent if they fail to warn consumers about known dangers. Also, they can be considered negligent even if they provide some kind of warning. For example, if the warning is vague or inaudible, the manufacturer could be held liable.
If a product liability lawsuit is brought on the basis of a theory of negligence, the plaintiff generally has to prove several elements. First, the plaintiff must show that the defendant has a duty of care to the plaintiff. Subsequently, the plaintiff must prove that this duty has been violated. Additionally, the plaintiff must prove that he or she has suffered damage, such as bodily injury or property damage. Finally, he must prove that his injury was proximately caused by the defendant’s actions.
If a plaintiff brings a product liability lawsuit based on a breach of warranty claim, he generally argues that the defendant broke a promise relating to the product and that the plaintiff was harmed as a result. Normally, the plaintiff does this by proving that there was a flaw in the way the product was designed, manufactured or marketed. A design flaw occurs if the design of the product itself is dangerous, making the product unreasonably dangerous. Manufacturing defects occur when the design is secure but the way the product was made is not secure. Marketing defects occur when the design and manufacture were both safe but the manufacturer did not provide sufficient warnings or instructions on using the product.
When the theory behind a product liability lawsuit is based on strict liability, it doesn’t matter whether the designer, manufacturer, wholesaler, distributor, or retailer exercised a high degree of care. Rather, the plaintiff simply has to prove that the product itself is defective. Furthermore, the plaintiff is required to prove that the defect caused his injuries.
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