Who can be liable for a defective product?

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.

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Complaint regarding Product Liability - Household Cleanser

Kings New York Complaint regarding Product Liability - Household Cleanser

Name: Kings New York Complaint regarding Product Liability - Household Cleanser
Brand: US Legal Forms
Rating: 4.75 (445 reviews)

Category:

Civil Actions - Products Liability

State:

Multi-State

County:

Kings

Control #:

US-CMP-10031

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Instant download

Description

This is a multi-state form covering the subject matter of the title.

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Manufacturing defects are the most common cause of product liability claims. A lawsuit based on a manufacturing defect alleges that the original design of the product is completely safe, but that something happened during the manufacturing process to make the product unsafe.

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.

When a retailer advertises an item for sale, it is implied that they ensure the product is safe and suitable for use. 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.

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.

Defective manufacturing lawsuits are the most common type of product liability claim.

Under section 7 of the Consumer Protection Act, a party is prohibited from limiting or excluding liability for damages arising from a defective product, whether through contractual means, a notice or any other provision.

A product liability holds the manufacturer or seller of a product accountable for placing a defective product into the stream of commerce. Any party that is responsible for any part of the manufacture of the product can be held liable for any resulting injuries, just as any seller may be held liable.

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.

A product recall is the process of retrieving and replacing defective goods. The company or manufacturer absorbs the cost of replacing and fixing defective products, or of reimbursing affected consumers. Recalls can tarnish a company's reputation and can lead to multi-billion dollars in losses.

Negligence claims under product liability law include design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product.

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Kings New York Complaint regarding Product Liability - Household Cleanser

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