Monthly Archives: October 2016

Injury and Defective Products: Know your Rights

Defective products are one of the common causes of injuries in the United States. The regulations governing injury related to defective products are different from the usual injury law. Sometimes, it is easier for the injured person to claim compensation for damages with such laws.

What is Product Liability?

Product liability holds a manufacturer or vendor accountable for allowing defective products to reach the hands of the customer. When a defective product inflicts injury upon the person who bought it, the responsibility lies in parties who are part of the distribution chain.

What are the Kinds of Product Defects?

The complainant for a case about product defect should be able to give proof that the product in question was indeed defective. The defect should also be the main reason why the product is considered unreasonably dangerous.

There are three kinds of product defects in which the manufacturer or supplier is held accountable:

  • Design Product Defect – the defect is already inherent in the design of the product even before it was constructed.
  • Manufacturing Product Defect – defects that are brought about by the steps in manufacturing the product.
  • Marketing Product Defect – the problem lies in the manner of which the product was marketed. This includes, among others, incorrect label, inadequate directions and improper safety instructions

Common Defense Raised from Product Liability Cases

One of the usual defenses used in such cases is that the complainant has not adequately identified which supplier has caused the damage or injury. The complainant should be able to connect the defective product to the party who is responsible for its production or supply. Another way to defend yourself from such cases is to claim that the complainant might have done something to the product which resulted to his own injury. It can also be claimed that the instructions that came along with the product were not followed which led to its misuse and injury.

Compensation for Damages Brought about by Defective Products

Federal laws do not cover product liability. Such claims are usually governed by state laws and are also encompassed by the principles of negligence, breach of warranty, and strict liability. Furthermore, a group of commercial statutes are also in place for every state which is modeled after the Uniform Commercial Code. This contains rules on warranty that are related to product liability.

Indeed, Product Liability cases can be quite a headache. It is best to consult the help of a professional such as a Personal Injury lawyer for it.

Written by Kellie Bertels, an attorney at Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.