Product Liability is a legal concept that holds manufacturers responsible for the safety of the products they produce. It can range from electronics to personal beauty products to prescription medications and more. Each case has unique factors and requires a special approach.
There are, however, certain common legal theories that help to pursue damages. Learn about the legal theories involved with processing product liability claims, which are the most common, and when to contact a product liability lawyer.
Pursuing Product Liability Cases
There are a range of different approaches one can take to a product liability case, and an individual case could employ several theories to reach its conclusion. The most common theories that come into play are strict product liability, breach of warranty, negligence, and fraud.
The reason different theories can be used is because it allows attorneys and people to take a multi-pronged approach to the case. It doesn’t tie them to a single argument and allows for flexibility in pursuing damages.
Strict Product Liability
Strict liability is the core theory upon which the majority of product liability cases hinge. It operates on the idea that the product in question was sold in a condition that presented an unreasonable danger or did not carry adequate warnings. It further claims that the seller knew and fully intended the product reach the user without making any changes, and as a result, the user got hurt.
Negligence is very rarely used in product liability. While it is the key factor in most other injury cases, it has been largely replaced in modern legal theory by strict product liability. Negligence is similar to strict liability but requires proving that the manufacturer had a responsibility to produce a product that was free from unreasonable risks, that they breached this duty by creating and selling a dangerous product, and that as a result you got hurt.
Strict liability is usually easier to pursue, as it doesn’t require demonstrating any sort of duty of care, merely that the manufacturer failed to sell a safe product or warn of dangers.
Breach of Warranty
Some products come with a written warranty or guarantee regarding their use. Others can be implied to have a guarantee based on the obvious use of the product. If the manufacturer produces a product that doesn’t meet the stated or implied terms, they could be liable for damages. The key in these cases is proving that there was a warranty and that it was breached.
Fraud is relatively rare in product liability cases, but it can open up a range of damages. It’s predicated on the idea that the manufacturer deliberately misrepresented their product to get you to buy it. You must show that it was reasonable for you to believe this misrepresentation and that as a result you got injured. If you can prove this, you may be able to get additional punitive damages.
When to Call an Injury Lawyer
If you were hurt using a product as intended, and you think you deserve compensation, you should always call an injury lawyer for advice and help. For a free consultation on the details of your case, give the Colorado product liability attorneys at Heuser & Heuser a call today or complete our online contact form.