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What is product liability law?

| Jul 11, 2020 | Business, Personal Injury |

Each year, individuals in Florida and across the United States become injured by dangerous or defective products. Product liability law refers to a set of legal rules that determine who is responsible for creating a dangerous or defective product so the injured party may recover damages. Product liability assesses whether a manufacturer or seller should be held liable for placing a dangerous product into the hands of a consumer.

In most instances, the law mandates that a product should meet the reasonable expectations of the consumer. When a product is defective or dangerous, it cannot be presumed to meet those expectations. In order to prove a product liability theory, a plaintiff must prove that injury was caused due to a defective or dangerous product. Proof of a product defect could be related to a design defect, a manufacturing defect, or a marketing defect.

Since product liability law doesn’t exist at the federal level, product liability claims are typically based on state laws. Responsibility for a product defect could be placed on any party within the chain of distribution including the manufacturer, the manufacturer of specific parts, a wholesaler, or another company responsible for assembling or installing the product. The store that actually sold the product to the consumer could also be held responsible.

Individuals who have suffered injuries due to defective products may be entitled to damages such as pain and suffering, loss of wages and medical expenses. Since product liability claims can be complex, an attorney with experience in personal injury law may be able to negotiate settlements with responsible parties on behalf of individuals who have been injured by defective or dangerous products.

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