What is Product Liability?

The Basics Of Product Liability

Every year, dangerous and defective products cause thousands of injuries. This is why there are Product Liability laws which are used to determine liability and compensation. If you have been injured by a product, you need to understand what product liability is and what you can do regarding this.

What Is Product Liability?

Product liability refers to the seller or manufacturer of a product being held at fault for placing a potentially dangerous product in the hands of the consumer. In most cases, responsibility will fall to the seller of the product as they are the source for the customer. All products must, by law, meet the ordinary expectation of the customer and when a product is defective, these expectations will not be met.

It is important to note that no federal product liability laws are in effect. If you want to file a product liability claim, you will need to do so based on the state product liability laws. The claim will also need to be brought under specific terms such as strict liability, breach of warranty and negligence. There are also commercial statutes which can be used in product liability claims such as the Uniform Commercial Code which contains rules about warranties.

The Responsible Parties

Historically, product liability claims would work on the relationship known as privity of contract which existed between the seller of the product and the injured party. In most states, this requirement does not exist any longer and the person who was injured does not have to be the person who bought the product. If you can prove that you would generally have used the product and would have been injured, you will be able to file a claim against the seller even when you are not the person who purchased it.