Product Liability Litigation

Product Liability

Under the Trade Practices Act, applicable after July 9 1992, the product liability provisions grant to take legal actions (Product Liability Lawsuit) to those who suffer loss or injury due to a defective product or service and give grounds to take legal action against the manufacturer and/or supplier of that particular product.

Were you injured due to a faulty consumer product?  If so, you may have a case for product liability litigation.  Contact one of our litigation attorneys in your area today!What defines a defective product?

Whenever a consumer buys a product, there are certain expectations. These expectations concern the purpose that the product should serve and the safety regarding its use. Of course it is difficult to provide a set of rules and regulations that fits every product made. Therefore it largely depends on the decision of the court and common sense in order to decide whether a product is defective or not. However, there are a few factors that courts will take into account as they debate a product’s function or malfunction:

• The time the product was supplied
• The product packaging
• The product marketing
• Instructions and warnings about use
• Expectations of the product use

Liability for defective products

Product liability concerns the liability of all parties along the chain of manufacture of the product, including:

• The manufacturer of component parts
• Assembling manufacturer
• Wholesaler
• Retail store owner

As products are usually tangible personal property, the concept of product liability has stretched over time and also refers to intangibles, such as gas, naturals, such as pets, real estate and writings (navigational charts).

Were you injured due to a faulty consumer product?  If so, you may have a case for product liability litigation.  Contact one of our litigation attorneys in your area today!It is always upsetting if a recently bought product is not working properly or not working at all. It is even tragic if defective products cause injury to consumers who trusted a particular company to sell a reliable and safe product. At the same time, there are several statutory defenses that exist in order to protect a manufacturer against product liability:

• If the defect did not exist at the time of supply by the manufacturer
• If the defect could have not been discovered at the time the manufacturer supplied it
• If the product was a component of a finished product as the defect attributed to the design
• If compliance with a mandatory Commonwealth standard was not the sole cause

Product liability is a strict liability offense. No matter how much care was exercised during the making of the product, if a defect is proven, the manufacturer is held liable by injury litigation and needs to compensate the consumer for injury and damages.

If you are a consumer and have a complaint about a defective or malfunctioning product, you might want to seek legal advise in order to inform yourself about your legal options. If you have any questions regarding product liability or to file a claim contact one of our litigation attorneys today.