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What is Product Liability?

by | Mar 3, 2020 | Blog |

Did you know that defective or dangerous products cause thousands of injuries each year in the United States? Product Liability Law is a set of legal rules that were put in place for those who are responsible for defective or dangerous products. However, product liability is different than an ordinary injury law. 

In short, product liability refers to a manufacturer or seller being held responsible for putting a defective product in the hands of a consumer. When a product is defective and causes an injury, the responsibility lies with all sellers who are distributing the defective product. While there aren’t any federal product liability laws, each state has its own set of laws where product liability can be held accountable. For instance, negligence, strict liability and breach of warrant are a few common grounds that product liability claims can be filed under.

Defective Products and Their Responsible Parties

In order to have a product liability case the product must have been sold in the marketplace. “Privity of contract” used to have to exist between the buyer and seller of a product in order for the injured to recover. However, in most states that no longer exists, and the person who was injured does not have to be the purchaser of the product. Basically, any individual who foreseeably could have been injured by a defective product has the ability to recover for their injuries despite who the product was sold to.

Those who can be held liable for a defective product include:

  • The manufacturer of the product
  • A manufacturer of component parts
  • Any party that assembles or installs the defective product
  • The wholesaler of the product
  • A retail store who sold the product to the consumer

In order for strict liability to apply, the defective product must be purchased in a supplier’s business. If you were to purchase a defective product at a garage sale, chances are the individual isn’t going to be liable in a product liability case. 

Product Liability Claims

Product liability claims can be extremely complex. Each state has their own set of laws and statutes that will affect the claim. If you or someone you know has suffered an injury due to a defective product, contact the experienced team at the Holman Law Firm.

The Holman Law Firm is committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL, in a variety of legal areas including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Contact us now for a free consultation at our office or go online at www.holmanfirm.com.


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