Product Liability

Recognized as a hybrid of tort and contract law, various theories of recovery are generally available in a cause of action based upon products liability.

"one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused.

There are basically four elements to a product liability cause of action: the product was defective, product was unreasonably dangerous due to the defective condition, the product was defective when introduced into the stream of commerce, the unreasonably dangerous defect caused the injury to the user.

A product can be defective in one of three ways; design defect, manufacturing defect, or a marketing defect.

A design defect occurs when the product has been manufactured in compliance with the manufacturers design plans but some aspect of the design renders the product defective and unreasonably dangerous. Defective design may include failure to provide safety guards on a machine or lawnmower. It may also include failure to design a strong roof in a vehicle, which makes the vehicle not "crashworthy".

A manufacturing defect occurs when the finished product fails to conform to the design standards established by the manufacturer. Examples of manufacturing defects may include defects in the assembly process, substandard materials to produce a product, or substandard component parts.

A marketing defect occurs when the manufacturer fails to provide warnings or instructions in the safe use of the product. A manufacturer has a duty to provide warnings and instructions in the safe use of a product if it would be unreasonably dangerous if such warnings or instructions were absent.

The Weycer Law Firm has handled numerous product liability cases over the years, some of which gained national attention. If you are a loved one have been injured or killed as a result of a defective product call us today for help.