Tag: Liability

Defective Product Claims

Products liability law is an area of Personal Injury Law which is used to provide compensation for a consumer was injured because a product was defectively designed, manufactured or marketed. Design defects are inherent in a defective product. This means that the flaw existed even before the manufacturer made the product. A manufacturing defect happens when the product is being made. A marketing defect concerns product labels and instructions which fail to warn consumers about product dangers. A product defect lawsuit can sometimes be brought against any business in the “chain of commerce” of the defective product. This can include the wholesaler, retailer, distributor and manufacturer.

Products Liability is often a strict liability claim. This means that the defendant can be held liable upon proof that the product is defective and the defect caused injury.  Products Liability Law is based on Tort Law principles derived from common law. Also, since  has adopted the Uniform Commercial Code (UCC),  consumers who were injured by defective products can make additional claims based on the express and implied warranties of merchantibility in the sales of goods under the UCC. Many familiar products can cause serious injury, disfigurement, impairment and sometimes death. Some of the familiar common defective product lawsuits have involved exploding gas tanks, tire blowouts, SUV rollovers, defective medical devices and drug side effects.

Products liability law protects consumers from products which are or can be dangerous. Here are some rules from  cases which may apply in a  defective product claim: When an injury occurs because of a defective product, the manufacturer and the distributor of the defective product are held responsible instead of the injured consumer. Under a strict tort liability theory in order to prove liability, a person must show that the injury was caused by a product defect, and that the defect existed when the product left the defendant’s hands. With respect to the term “defect” as used in products liability law, the definitions share the common premise that those products are defective which are dangerous when they do not perform in the manner reasonably to be expected in light of their intended function and nature. The failure to give proper warning, renders a product defective. A manufacturer cannot be relieved of its responsibility to assure that an unsafe product is dispensed with a proper warning.

If a defective product has caused you pain and suffering, you may have the legal right to recover money damages for medical expenses, pain and suffering, lost wages and sometimes punitive damages. You can get free legal advice on Products Liability and any other person injury matter in an initial consultation with an attorney from our the law firm. We provide legal services for personal injury claims throughout the area.

 

Liability For Defamation

To create liability for defamation there must be:

(a) a false and defamatory statement concerning another;

(b) an unprivileged publication to a third party;

(c) fault amounting at least to negligence on the part of the publisher; and

(d) either actionability of the statement irrespective of special harm, or the existence of special harm caused by the publication . . .

A statement is defamatory when it would tend to lower the subject in the estimation of the community, excite derogatory opinions about the subject, and hold the subject up to contempt. In reviewing an allegedly defamatory statement, the words must be reviewed in their entirety and in context to determine whether they are susceptible of a defamatory meaning. Whether a statement is defamatory is generally a question of law; however, where a statement is susceptible of different constructions, one of which is defamatory, resolution of the ambiguity is a question of fact for the jury.