When you are injured as a result of the actions of another party, the law allows you to bring suit against that party to recover damages. In some cases, the law allows liability to be imposed on a party whether or not they are at fault. This type of legal action is known as “strict liability.” If there is sufficient evidence to bring a strict liability claim, it can be easier for you to prove because you do not have to bring evidence of negligent conduct. In other words, you do not have to prove that the party that caused your injuries engaged in reckless conduct.
One common example of strict liability is defective products cases. This article provides an overview about what a defective product case entails and the different types of defective product cases.
What Is a Defective Product Personal Injury Claim?
When a company design, manufactures or sells a product that proves to be defective, any entity that was involved in the production or distribution chain of the defective product may be liable for the resulting injuries. These parties often include the manufacturer of the product as a whole or its parts, the wholesaler, the entity that either assembled or installed the product, and the store that ultimately sold the product.
The one exception that applies to the principal of strict liability in defective product cases is that the product must be sold in the ordinary course of business. This means that in order for an injured consumer to successfully bring a product liability claim based on a strict liability theory, it must have been purchased by an authorized retailer and not at a swap meet.
These parties are subject to strict liability based on the rationale that the company is in the unique position to identify the defect and make the product safe for consumers. Moreover, companies have the option of purchasing liability insurance to cover such possible injuries caused by a potentially defective product.
3 Types of Defects
There are three major types of defects that product liability claims are generally based upon:
- Design Defects: This category involves defects that are inherent in the product. This means that the product will be unsafe regardless of whether the product is precisely manufactured according to the product specifications.
- Manufacturing Defects: This type of product defect refers to when a product is made not according to the specifications for the proper manufacturing of the product.
- Marketing Defects: This type of product defect refers to when the product does not include adequate instructions or warnings, including misleading marketing.
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The legal team at the Law Offices of Samer Habbas is dedicated to helping our clients reach the best monetary settlement for injured victims as a result of defective products
If you or a loved one suffered injuries as a result of a defective product, our experienced Orange County defective product attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.