Possible liability types for a product liability claim

When people purchase or utilize certain items, they expect them to function in a certain manner. When those items do not function as intended, they can lead to injuries, and sometimes death.

People who suffer from an injury due to a malfunctioning product may be able to pursue a successful product liability claim. In determining the best route to take, it is important to understand the different types of liability that manufacturers and distributors are responsible for.

False advertisement

Though many people recognize the purpose and intent of advertisement is to entice the viewer or listener to purchase a product, they still expect the advertisement to provide truthful information. This is due to the law in place that prohibits false advertisement, or tortious misrepresentation. The manufacturer must not make false claims about the product, and a seller or distributor should fact check any manufacturer claims about a product.

Warranty breach

A breach in a product warranty may occur if the product does not last for the length of time that the warranty promises, or if the product malfunctions. Not only can a breach of warranty result in injury to the consumer, but it may also decrease the product value. It is important to note that the warranty does not have to be written; it may also be an implied warranty.

Strict liability

Strict liability addresses the manufacturing and handling of a product. If the manufacturer does not follow all applicable production guidelines, or if the distributor does not handle the product in the right way and ensure the product is in proper shape at time of sale, they may be liable in the case of a product malfunction.

On the other hand, according to the law, the distributor or seller may not be liable if the product came straight from the manufacturer, and the distributor sold it directly to the customer, unless there was a warranty breach or the distributor should have knowledge of a defect.

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O'Brien Batten & Kirtley, PLLC
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