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There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.
They are: Negligence. Breach of warranties. Strict liability in tort. Misrepresentation.
Product liability property damages claims allow for compensation for the loss of use as well as the difference between the fair market value before and immediately after the damage. Incidental and consequential damages may also be recovered. There are no statutory damages caps in Kentucky for compensatory damages.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.
A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
Primary tabs Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.