Defective Products Law

The Defective Products Law also known as the products liability is a regulation that holds all parties involved in the manufacture and distribution of a product responsible for any damage due to an inherent defect in the product and/or its labeling. This law aims at regulating manufacturers to follow safety tests before releasing a product in the market thereby ensuring the safety of consumers. The items coming under the purview of products liability are generally retail items but practically extend to any item sold in the market including real estate.

Theories Related to Products Liability

Negligence:

When a consumer accuses of negligence, he must demonstrate that the safety norms have indeed been breached, that the defects have been detected with reasonable care and that the plaintiff was injured during the use of the product due to the defect.

Strict Liability:

When the rule of strict liability applies only the defect in the product is to be proved. Once that has been established liability takes effect no matter how much care was exercised during the manufacture or distribution of the product.

Breach of Warranty:

If a product turns defective within a said warranty period then the breach of warranty can be claimed by the consumer. Violation of the warranty norms written in the warranty card of the product express warranty claim when the defect is not covered by express warranty but there does exist a defect which renders the product unfit for use then it is implicit warranty claim.

Types of Product Liability Claims

Defective Design:

Claims that allege oversight or mistake in the design that makes the product dangerous when used by the consumer come under the defective design type.

Defective Manufacture:

Claims that allege defects in the manufacture process of the product that rendered it dangerous when used come under this type.

Marketing Defects:

Insufficient or improper instructions and warning labels come under this type of product liability defect. The fault in instructions or labeling may prompt the user to use the product for purposes that it is not intended for, thus causing damage or injury to the consumer.


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