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Types of Product Liability
When a product is defectively designed or dangerous, the consumer suffers. Thousands of people a year are injured due to defectively designed or dangerous products. If you have been hurt by a product, you may be entitled to recovery from the manufacturer, distributor, or seller of the product.
Defective Design. A product is defective in design if it has a flaw that affects its performance and has the ability to cause the consumer (and anyone who comes into contact with the product) harm. A design is typically defective if it fails to perform as a reasonable consumer would expect.
Manufacturing Defect. A product contains a manufacturing defect when the product departs from its intended design and is more dangerous because of that defect.
Inadequate Warnings. A product is defective because of inadequate instructions or warnings when the foreseeable risk of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller, other distributor, or manufacturer.
Strict Liability in Product Liability Cases
Strict liability is the theory that a person, company, or manufacturer is liable even though there is no “fault” on their part. It applies most frequently in product liability cases, or cases in which one has suffered injury due to an unsafe or defective product. Under this legal theory, manufacturers can be held liable for any injury resulting from their product regardless of their awareness of the defect, a theory known as “strict product liability.”
Product Liability Laws
Product liability law governs distributors, wholesalers, and manufacturers for damages caused by their dangerous or defective products. The purpose of product liability laws is to protect the consumer from dangerous or defective products. If a product is found to have a design defect, manufacturing defect, or inadequate warning, the distributor, wholesaler, manufacturer may be held strictly liable for any harm that results.
Suing Multiple Parties in Product Liability Cases
In product liability cases, more than one party may be at fault for the resulting injury. The proper parties must be determined on a case-by-case basis, but generally, the manufacturer, distributor or wholesaler can all be liable for the injury that results due to their defective product as long as the defect was present at the time it left their possession and the defect cause the resulting injury. The attorneys at York Law Firm have handled several product liability cases and can help determine liability in your case.
Statute of Limitations
As with any lawsuit, product liability lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise and protect your legal claim.