Product Liability Law
Product Liability Law is the law that governs the responsibility of manufacturers, retailers and creators of defective products. If a product is defective and causes harm as a result, the harmed party may be eligible for damages under Product Liability Law.
While a product is generally considered to be a tangible thing, in some States the definition is broader. A product may be an animal, real estate or printed material such as a map. If a product can cause harm to a consumer or user; it may be covered under Product Liability Law.
A Product Liability Law suite may be based on negligence on the part of the creator, retailer or manufacturer of the product. Negligence, in this case, is the failure to take proper care based on the standards of a specific profession. The suite may also be based on a breach of contract.
Anyone who is harmed or is a recipient of damage caused by a defective product, may have a case. All parties responsible for the manufacturing and sale of a product may be held responsible for its defectiveness. If a product is deemed defective under Product Liability Law, and that product causes harm, the defended will be considered guilty under Liability Law.
Anyone involved in any aspect of the defective product's creation, production or sale may be held responsible for its defect. Once the product is deemed legally defective under Product Liability Law, the next step is to determine who is at fault. Someone will always be held responsible for a defective product under Product Liability Law.
There are several ways in which a product can be considered "defective" under Product Liability Law. The product has a design flaw: a design flaw has made the product harmful and existed before the manufacturing of the product. The product has a manufacturing flaw: the product was made harmful during its manufacturing. The product was marketed incorrectly, without proper instructions or warnings.
There is no Federal Product Liability Law. The Department of Commerce has developed a "Model Uniform Product Liability Act" which individual States may choose to adapt. Product Liability Law is Common Law and differs from State to State. Product Liability Law is generally derived from Torts Law, which governs lawsuits based on damages.
As the safety of products is crucial to a country's successful economy, Product Liability Law is very strict. Consumer protection is an issue that has gained popularity over the last several decades and the matter is most often resolved through lawsuits. Consumer safety and trust in the manufacturer are keys to strong economy. Product Liability Law is important for the safety and well being of all people, keeps business in check and the economy running smoothly.
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