Products Liability

Sometimes, a defective or an unsafe product without the proper warnings could lead a user or customer to sustain injuries. Product liability laws are important because they protect consumers and help companies understand their responsibilities. Because product law is different from ordinary injury laws, it can sometimes be easier for an injured person to receive damages if they've been hurt by one of these products.

Defining Product Liability

Product liability describes how a manufacturer or seller is held liable for defective products that make their way to consumers. Generally speaking, this responsibility could fall to any single link in the supply chain, from manufacturers to resellers.

Because there is no federal product liability law, these claims are often based on state laws. Sometimes, commercial statutes will also have a determination regarding product liability.

Determining Responsibility

Depending on when the customer or user was damaged, liability could rest with anyone in the distribution process, including:

  • The product's manufacturer
  • A component part manufacturer
  • Product assembly or installers
  • Wholesalers
  • The store where the product was purchased

For product liability to apply to a seller, the sale must occur in the regular course of the business. For this reason, someone selling the item at a yard or garage sale is probably not going to be held liable.

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Inherently Unsafe Products

In cases of products that are inherently unsafe but cannot be modified without compromising their usability, the onus is on the manufacturer to provide the consumer with appropriate warnings of risk. If the consumer can't make an informed decision about the safety or risks of the product, the manufacturer and/or supplier may still be held liable.

Proving A Defective Product

A product liability case will always be stronger if the defective product is present, although this is sometimes made difficult by additional damage to the product itself, such as faulty wiring or a car damaged in an accident. In addition, the user of a defective product must prove that their own negligence or misuse is not involved in their case/

The Malfunction Doctrine

If there's an accident whose circumstances indicate that a defective product is responsible and evidence allows other causes to be disproved or removed, the plaintiff may be able to prove the product is responsible—even if the product is destroyed in the process. The brakes on a car are one example of this kind of situation.

Contacting an Attorney

The first thing you should do in any situation where a defective or unsafe product occurs is to seek medical attention. The next step should be contacting an experienced personal injury attorney. For over fifty years, the experienced Cubbon & Associates team of lawyers has helped people just like you seek damages for injuries caused by defective or unsafe products. If you have questions or concerns, reach out to us for a consultation about your case today.

Toledo, Ohio Products Liability Attorneys

If you’ve been injured by a faulty or dangerous product, you could be eligible for financial recovery. Call us today to learn how we can assist you with damages for your injury and keep others from experiencing the same kind of harm. For over 50 years, we’ve helped people just like you with their injury needs. Contact a legal champion today.