Monday, 23 April 2012

Different aspects of Product Liability lawsuit

The manufacturers of different products have to ensure that when their consumers use one of their marketed products, it is safe and does not cause any harm to its users. When any consumers gets harmed or injured due to use of certain product, then the consumers has the right to take action and demand compensation from manufacturers, vendors, or designers of the product. The consumers can file a product liability lawsuit to get suitable compensation for the injury or harm caused due to defective or harmful product. Consumer protection is a major tool to get compensation under product liability lawsuit.

When a plaintiff decides to file a lawsuit for product liability, his claims are broadly categorized into four theories: Breach of Warranty, Negligence, Misrepresentation, and strict tort liability.

Under the breach of warranty concept, a lawsuit can be filed against the manufacturer if his product fails the warranty and does not ensure proper quality and functioning of product. The manufacturer must provide warranty for their product and comply with all the warranties at the time of selling or product.

Under the negligence concept, a lawsuit can be filed against the manufacturer for negligence when the product designed, manufactured or sold by them causes injury or harm to person due to negligence during production.

Consumers can file lawsuit against the manufacturers under misrepresentation category when they say that they bought the product due to representation that gave false security about the product.

Lawsuits can be filed against the manufacturers under strict tort liability category when the plaintiff is harmed due to their closer presence to the defective product.


Related read:
What is Appeal in Lawsuit?
What is Trial and judgment in Lawsuit?
The progress of a lawsuit
Steps Involved in Civil Rights Lawsuit