ELEGIDO POR:

Traditionally, for product liability to arise, a contractual relationship, known as “Contractual Privity” must have been established. In other words, the law would only give a right to compensation for their injuries, to those who bought the defective products. Thankfully, modern “Product Liability Laws” no longer require contractual privity. Today, anyone, who “foreseeably” sustains injuries by a defective product, can legally seek compensation. In fact, liability for defective products can rest upon any party (natural or legal) involved in production or distribution of the defective products. Here are the parties that could be held responsible:

• The product designer, manufacturer;
• The product designer, manufacturer; The manufacturer of whole or parts of a product;
• The party that assembles or installs the product;
• The wholesaler;
• The retailer or distributor, and so on.
• In other words, everyone involved in the stream of commerce could be held liable for the injuries caused by a defective product.

Typically, product liability claims or lawsuits are based on state laws, which are filed under the following theories of Tort Law:

Negligence

Tort Negligence is designed to protect people against unreasonable harmful conducts that fall below the standards of behaviors established by law.

Strict Liability

Under Tort Law, strict liability holds a defendant liable for damages caused to the injured party, regardless of what his or her intent or mental state was when committing the act.

Breach of Warranty

Breach of Warranty under Tort Law refers to a broken promise made by either a manufacturer or a seller about a product. Such warranties could be Express or Implied.

There are three general types of defects that might cause injury and give rise to manufacturer and/or supplier liability:

1) Defective Design

Defective design claims do not arise from some error or mishap in the manufacturing process. These actions claim that an entire line of products is inherently defective or dangerous.

2) Manufacturing Defect

A defectively manufactured product is flawed because some error occurred during its production. As a result, the injury-causing product is somehow different from all the other ones manufactured by the same company.

3) Inadequate Warning Defect

This line of defects deals with a product’s lack of sufficient instructions, labels, or safety warnings. Inadequate Warning defect claims generally point out to dangers that are not obvious to the user or that require the user to exercise special precautions or diligence when using a product. In addition to the above common law-based claims, many states have enacted their own specific consumer protection laws, such as “Lemon Law”, which provide specific remedies for “economic loss”, and so on. This is just a brief and general description of a very complex field of law. If you or someone you know have been injured by a Defective Product, you should contact a Highly Competent, Credible and Compassionate Chosen Lawyer, right away. Because, those who cause your Pain must Pay! For Chosen Lawyers, Practice of Law is NOT Just Business; it’s Personal—Very Personal! Afterall, What is More Personal than Personal Injuries and Damages? Here at Chosen Lawyers Protecting Your Rights, The Right Way, and Obtaining Full-Justice against Big Bad Business is our Life-Long Mission!

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