MANSFIELD’S INJURY LAWYER

Questions about products liability protections answered

Products liability law protects victims of dangerous or defective products. It is helpful for anyone injured by a dangerous or defective product to be understand what legal remedies are available and how they can help victims.

Products liability legal protections are based on several theories of liability. Which theory of liability is the best option depends on the unique situation and circumstances that the victim has suffered. Victims of a dangerous or defective product may seek damages from those liable for the harm they have suffered under a theory of strict product liability, negligence or breath of warranty.

Negligence requires a duty that is owed to the victim and a breach of that duty that damages the victim. A strict liability claim, on the other hand, does not require the victim to show that the product manufacturer or retailer of the product was negligent. A claim based on a theory of breach of warranty can be based on either an express warranty that was violated or an implied warranty depending on the laws in the state. Implied warranties can include a warranty of merchantability or a warranty of fitness for a particular purpose. These types of warranties generally provide that a product is safe for its intended use. Victims of dangerous or defective products should be familiar with warranty laws in their state.

There are a variety of complexities that come up concerning products liability law but a products liability claim for damages is worth it for victims injured by a dangerous or defective product to be familiar with because of how valuable the protections can be for victims. A products liability claim for damages can help victims seek damages including compensation for their physical, financial and emotional damages.