Products Liability

Issues of products liability regularly make the news. You probably hear about product recalls on the radio, on TV, and in the paper on a daily basis. Companies recall products they believe might result in claims of liability, because they don’t want to be sued, and they don’t want consumers to be harmed. But what happens if they don’t recall a product, and in using the product, you become injured?

Product liability law is another type of personal injury law, and it exists to protect you in such cases. Whether you’ve been injured directly as a result of using a product, or have found that your warranty wasn’t honored, you can file a products liability claim.

Different Categories of Products Liability

1. Negligence. This occurs when a party sells or distributes a product that harms and that party knew, or should have known, about the risks. The harm could arise from faulty design or production of the product or from an absence of proper warning about the risks in using it. Example: A toy company doesn’t warn parents that a particular product is unsafe for children under a certain age, and a young child sustains injuries as a result of playing with the toy.

2.  Strict Products Liability. This kind of liability is applicable when a product is shown to be inherently dangerous when used as intended. Example: A car manufacturer produces cars with defective gas tanks that explode upon impact, and a driver is harmed in an accident because of the faulty design. Because the design itself was flawed, this is considered an issue of strict liability.

3. Breach of Warranty Claim. The plaintiff must show that the product in question was under warranty and that the seller did not honor the warranty, either by replacing the product or giving a refund. Example: The manufacturer of a stereo system refuses to replace or repair it after it breaks, even though it is still under factory warranty, as shown by the product documentation.

What should you do when you find yourself in a similar situation? Contact a skilled attorney. Vermont-based attorney David Schoen has been a lawyer for over 30 years, and has handled hundreds of products liability cases. His offices are small, and he personally handles every case. Contact the law offices of David Schoen today.