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With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
Consumers are not always aware of the many different ways products can harm them. In general, a product defect will fit into one of three categories....Marketing DefectIncorrect user instructions.False claims.Failure to warn consumer of risks.Advertisements encouraging improper use.Improper warning labels.
Even though a retailer may not have manufactured or distributed a defective product, they can be held liable for any injuries or losses caused by a product they sold.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain.
Who is responsible when you are injured by a defective product? In California, a product's manufacturer, distributor, and seller have an obligation to provide safe products to consumers. When shortcuts are taken, regulations aren't followed, or mistakes are made unsafe and defective products can end up on the market.
Though the range of defective product cases is broad, the claims typically fall into three categories of product liability: (1) defective manufacture; (2) defective design; or (3) failure to provide adequate warnings or instructions concerning the proper use of the product.
Product liability refers to the liability of any or all parties along the chain of commerce of any product for damage caused by that product....Product Liability for Manufacturing Defect ClaimsDefects in design.Manufacturing defects.Failure to warn.Breach of warranty.
Strict products liability involves the commercial sale of defective products. In most states, any retail, wholesale, or manufacturer who sells an unreasonably dangerous, defective product that causes injury to a user of the product is strictly liable.
Distributors. A distributor can be held liable because in a strict liability action, liability can be extended to everybody in the chain of distribution. Particularly when the manufacturer is foreign and is not subject to U.S. laws, the distributor becomes next in line for all potential claims.
Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. If you purchase a product that simply does not perform as advertised, causing no actual injury, then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange.