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Product Liability

When a product causes injury because it was poorly designed, defective in manufacture, because it malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants, including parts suppliers, the designer/manufacturer and even retailers, all of whom played a role in placing the dangerous/defective product into the stream of commerce.

What are the elements of a product liability case?

A plaintiff in a product liability case can proceed using a number of legal theories:

  • Negligence:
  • Breach of Warranty (either express, implied, or of fitness for a particular purpose):
  • Strict Liability:

Examples of cases that can result in product liability:

Plaintiffs in product liability cases will often use all available theories to obtain recovery. That means if you are injured by a product, your lawyer may well allege negligence, breach of warranty and strict liability. The theory of recovery does not affect the amount of your recovery.

  • Defective Design—designs makes product inherently dangerous:
  • Defective Design—Missing Safeguards:
  • Defective Design/Hidden Defect—Medical Devices:
  • Failure to Warn—Inadequate Instructions/Safety Warnings:
  • Malfunctions:
  • Hidden Defects/Defective Processes: Toxic Food:
  • Hidden Defects—Toxic Chemicals in Products:
  • Hidden Defects—Dangerous Medications:

I have been injured by a defective or malfunctioning product:

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