Product Liability FAQs

What are product liability claims?

A product that is used for its intended purpose is expected to work without causing any injuries. When the product is defective and causes injury, that can constitute grounds for a product liability claim. A product liability claim can hold the manufacturer, retailer, distributor, or wholesaler liable for your defective product injuries. During your product liability claim, you can hold the other party responsible for strict liability, negligence, or breach of warranty.

What is a strict liability product liability claim?

If you file a product liability claim under strict liability, you do not have to show that negligence was the cause of the product liability claim. Unlike other product liability claims, strict liability simply holds the manufacturer, retailer, wholesaler, or distributor responsible for having provided the defective product. Strict liability does not require that you show their negligence caused the product to be defective, just that the defective product directly caused your injuries.

What is a breach of warranty?

When you use a product for its intended purpose, you don’t expect it to injure you. Many products come with a warranty that has either been expressed verbally to the consumer or has been provided in a written document. If this warranty is breached – meaning that the product does not mean its intended purpose – and you are injured as a result, you may be able to file a breach of warranty product liability claim.

In some states, you may also be able to file a breach of warranty product liability claim if the warranty is implied. A breach of implied warranty occurs if a product injures you after using it for its intended purpose and there are no other warranties for the product. Implied warranties are not applicable in all states, and where they can be applied; states have differing rules and regulations regarding them.

If you would like to file a product liability claim, contact an experienced product liability lawyer to determine if you are able to file a breach of warranty or breach of implied warranty product liability claim.

Do I have to own the product in order to file a product liability claim?

No. In the past, if you filed a product liability claim, you had to show that you established a relationship between yourself and the manufacturer, retailer, wholesaler, or distributor by purchasing the product.

Now, if you are injured by a defective product and would like to file a product liability claim, you do not have to show that relationship. If a product that you are borrowing from another person injures you, you may still be able to file a product liability claim.

What is a product liability negligence claim?

A product liability negligence claim shows that the wholesaler, retailer, distributor, or manufacturer was negligent in providing you with a working product due to:

• Failure to Warn
• Design Defect
• Manufacturing Defect

A product liability negligence claim can be filed if the product that injured you was dangerous, but had no warning, if there is a flaw or defect in the manufacturing process, or if the design of the product has a defect or flaw. Product liability negligence claims can be difficult to prove, and because of this, strict liability claims have been developed.

If you have been injured by a defective product and would like to file a product liability claim, contact the Law Offices of Michael A. DeMayo, L.L.P. ® to schedule your free initial product liability consultation.