Insurance Guide | Product Liability
Product liability is the area of law where manufacturers, distributors and suppliers are held accountable for the injuries their products cause. These cases can be opened, also when the product is proven to be defective or otherwise dangerous.
Here is a little information on the nature of Product Liability cases.
Types of Defects
There are different types of defects that can call for a product liability case. As a manufacturer/ business owner it is important to know what these are.
Manufacturing Defect – The product is designed well, but the way in which it was built makes it hazardous. If the metal on an object is to brittle, and breaks, when the design calls for a softer finish, this is a manufacturing defect.
Design Defect – In this circumstance, the product was not designed well enough, making the product unsafe to use.
Insufficient warnings – When the health risks or safety hazards are not denoted clearly on the product, this is considered a defect. The product may be completely safe, but if instructions are not listed on safe use, then it is not deemed safe.
How to Establish Product Liability
There needs to be a Liable Party, Standard of Proof and a Standing when establishing a Product Liability case.
The Liable Part refers to anyone involved in designing, building, repairing, or modifying the product in question. These parties are held accountable for whatever injuries the product me cause to its owner if it is defective or or deemed unsafe.
The Standard of Proof is really a concept and can be varied based on state laws. These standards are usually not based on negligence, but strict liability. This means that without establishing fault, the injury caused can be claimed to be as a result of the defect.
The person who owns the product is not the only one entitled to sue for an injury. In fact if anyone is injured due to a product defect or insufficient instructions, they may be covered.
Manufacturers are meant to predict or see the possible injuries that may come with their product. And when they must defend their case, they must prove that the injury was caused by the negligence of the person using the product.
Hopefully this cleared some of the air around product liability. If you have a product liability case you need settled, visit our website at wardtberg.com.