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How To Sue For DEFECTIVE Product? Law Explained! #personalinjurylawyer
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INJURED? TAKE THIS FREE QUICK CASE EVALUATION HERE:
📍 If you are injured by a product, then you need to know the different types of lawsuits you can assert.
There are technically four types of lawsuits involved in a product liability case: (1) intentional tort liability, (2) negligent products liability, (3) breach of warranty, and (4) strict liability.
📍 Number one. Intentional tort liability. Intentional tort liability is uncommon when dealing with products in commerce. Most companies do not intentionally make products to injure people because that is not good for business. However, there are two historical landmark cases, the Ford Pinto case and the Marlboro cigarette case. The other three theories of liability are more common.
📍 Number two. Negligent products liability. Just like general negligence, there must be duty, breach, actual cause, proximate cause, damages, and defenses. The duty is to make, sell, or distribute a reasonably safe product. The breach is the defect in the product. There are three kinds of defects.
A. Manufacturing defect. The product is manufactured in a way that deviates from its intended design, making it unsafe. Like when the manufacturer leaves out a screw on a particular product.
B. Design defect. The manufacturer failed to exercise reasonable care in the design process, leading to all its products being dangerous.
C. Failure to warn. This applies in very specific situations. If a product has an inherent danger that is not readily apparent, then it is a hidden danger and requires a warning. Hidden dangers require warnings.
📍 Number three. Warranty liability. There are three types of warranties, express warranties, implied warranty of fitness for purpose, and implied warranty of merchantability.
A. Implied warranty of merchantability. This general warranty always applies and warrants that the product is safe for the average reasonable use.
B. Express warranty. These promises must be specifically expressed in words either oral or written, supported by evidence.
C. Warranty of fitness for particular purpose. The seller has to know what the user is going to use the product for and specifically tell them that it can safely do that job. It has to be expressed. For example, if you need a blade that can cut through concrete and the manufacturer expressly tells you this blade is designed to cut safely through concrete, the manufacturer knows the specific use and warrants it can safely do that particular job. This is a warranty for fitness of purpose.
📍 Number four. Strict liability. Any seller, manufacturer, or distributor of products that places a defective good into the stream of commerce can be strictly liable if the product is defective when it leaves their hands. If that defective good causes injury, they are strictly liable for that injury. There is a caveat here. A retailer who gets a defective product in a sealed container is still liable, but can be indemnified by the manufacturer because the retailer could not have caused the defect.
📍 Number five. Defenses of assumption of risk and misuse of product. It is important to note here, the misuse of the product must be unreasonable and unforeseeable in order to be valid.
Follow us for more legal tips.
🤕 Personal Injury
#lawyer #lawfirm
*
Call The Sterling Firm 🏛⚖️🧑⚖️
Top Rated Law Firm🥇👍
*
📲 +1(310)498-2750
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Follow Us On Social Media!
Video Chapters:
00:00 Injured By A Defective Product?
00:23 1. Intentional Tort Liability
00:49 2. Negligent Products Liability
02:01 3. Warranty Liability
03:16 4. Strict Liability
03:56 5. Defenses of Assumption of Risk & Misuse of Product
INJURED? TAKE THIS FREE QUICK CASE EVALUATION HERE:
📍 If you are injured by a product, then you need to know the different types of lawsuits you can assert.
There are technically four types of lawsuits involved in a product liability case: (1) intentional tort liability, (2) negligent products liability, (3) breach of warranty, and (4) strict liability.
📍 Number one. Intentional tort liability. Intentional tort liability is uncommon when dealing with products in commerce. Most companies do not intentionally make products to injure people because that is not good for business. However, there are two historical landmark cases, the Ford Pinto case and the Marlboro cigarette case. The other three theories of liability are more common.
📍 Number two. Negligent products liability. Just like general negligence, there must be duty, breach, actual cause, proximate cause, damages, and defenses. The duty is to make, sell, or distribute a reasonably safe product. The breach is the defect in the product. There are three kinds of defects.
A. Manufacturing defect. The product is manufactured in a way that deviates from its intended design, making it unsafe. Like when the manufacturer leaves out a screw on a particular product.
B. Design defect. The manufacturer failed to exercise reasonable care in the design process, leading to all its products being dangerous.
C. Failure to warn. This applies in very specific situations. If a product has an inherent danger that is not readily apparent, then it is a hidden danger and requires a warning. Hidden dangers require warnings.
📍 Number three. Warranty liability. There are three types of warranties, express warranties, implied warranty of fitness for purpose, and implied warranty of merchantability.
A. Implied warranty of merchantability. This general warranty always applies and warrants that the product is safe for the average reasonable use.
B. Express warranty. These promises must be specifically expressed in words either oral or written, supported by evidence.
C. Warranty of fitness for particular purpose. The seller has to know what the user is going to use the product for and specifically tell them that it can safely do that job. It has to be expressed. For example, if you need a blade that can cut through concrete and the manufacturer expressly tells you this blade is designed to cut safely through concrete, the manufacturer knows the specific use and warrants it can safely do that particular job. This is a warranty for fitness of purpose.
📍 Number four. Strict liability. Any seller, manufacturer, or distributor of products that places a defective good into the stream of commerce can be strictly liable if the product is defective when it leaves their hands. If that defective good causes injury, they are strictly liable for that injury. There is a caveat here. A retailer who gets a defective product in a sealed container is still liable, but can be indemnified by the manufacturer because the retailer could not have caused the defect.
📍 Number five. Defenses of assumption of risk and misuse of product. It is important to note here, the misuse of the product must be unreasonable and unforeseeable in order to be valid.
Follow us for more legal tips.
🤕 Personal Injury
#lawyer #lawfirm
*
Call The Sterling Firm 🏛⚖️🧑⚖️
Top Rated Law Firm🥇👍
*
📲 +1(310)498-2750
*
Follow Us On Social Media!
Video Chapters:
00:00 Injured By A Defective Product?
00:23 1. Intentional Tort Liability
00:49 2. Negligent Products Liability
02:01 3. Warranty Liability
03:16 4. Strict Liability
03:56 5. Defenses of Assumption of Risk & Misuse of Product
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