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Topic: Product liability

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In the News (Sat 26 May 18)

  Product Liability Claims - Ashcraft & Gerel - Lawyers Handling Claims for Injuries Caused By Unsafe, Defective and ...
The law of product liability is the area of law which deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from dangerous and defective products.
Misuse of a product is a defense to product liability claims, and this defense may couched in terms of causation.
In product liability cases it is often essential that steps be promptly taken to preserve evidence, document the chain of custody, and have engineers or other expert witnesses thoroughly evaluate the product and its relationship to the injuries.
www.ashcraftandgerel.com /ddprod.html   (1746 words)

 Products liability - Wex
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.
www.law.cornell.edu /topics/products_liability.html   (0 words)

 Product Liability FAQ
Products liability law is concerned with three types of warranties relating to a product's quality or fitness for use: express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose.
Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products.
Products liability cases based on defects in apparel often relate to flammability, the presence of irritants in the fabric, defective construction, concealed foreign objects, or the slipperiness of footwear.
www.tmgslaw.com /CM/FAQ/ProductLiabilityFAQ.asp?ss=faq-wrap-single-questions.xsl   (3923 words)

 Product Liability Reform
Products are presumed not to be defective ten years after sold for use and manufacturers are not liable if it conformed to industry standards and applicable federal or state regulations.
In actions alleging product defect, seller (other than the manufacturer) is not be subject to liability unless they exercise substantial control over that aspect that caused harm, the seller altered the product and the modification was a substantial factor causing harm or, the seller had actual knowledge of the defective condition when they supplied it.
Product liability actions are barred after three years of death, injury or damage, and from 6 years of the date of delivery of the product.
www.namic.org /reports/tortReform/ProductLiability.asp   (1927 words)

 Defective Product Liability Lawsuits | Product Liability Lawyer
Product liability lawsuits steming from the personal injury or wrongful death of people using defectively designed or manufactured products have become ever more common as victims grow to understand and defend their legal rights under product liability law.
Product liability is not a legal theory like strict liability, negligence, or intentional torts.
Product liability related to defective design occurs when the engineering process used by a company to design a product is faulty, resulting in a product that is unnecessarily dangerous.
www.injuryboard.com /view.cfm/Topic=30   (0 words)

 Product Liability - Development of product liability laws, Elements of product liability
Product liability began to have meaning in the mid-1800s, when the American courts increasingly found that sellers of goods had a "duty" to use reasonable care in the production of those goods.
Sellers were held liable to third parties for negligence in the manufacture or sale of goods "inherently dangerous" (the danger of injury arises from the product itself, rather than from a defect in the product) to human safety, ranging from food and beverages to drugs, firearms, and explosives.
This encompasses everything from product design, the inspection and testing of materials, and the manufacture and assembly of the product to the packaging, the accompanying instructions and warnings, and the inspection and testing of the final product are all susceptible to negligence.
www.referenceforbusiness.com /small/Op-Qu/Product-Liability.html   (1268 words)

 Ohio Product Liability Attorneys Dangerous Defective Unsafe Personal Injury Lawyers
For product liability to attach, at some point, the product must have been "sold." Historically, a contractual relationship, known as "privity of contract," had to exist between the person injured by a product and the supplier of the product in order for the injured person to recover.
Liability for a product defect could rest with any party in the product's chain of distribution, such as the manufacturer, wholesalers, a retail seller of the product, and a party who assembles or installs the product.
Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous.
www.twyfordanddonahey.com /CM/FSDP/PracticePage/Personal-Injury/Products-Liability.asp   (1639 words)

 Product Liability
Product liability refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased.
Product liability can of course be applied to tangible personal property, but can also be applied to intangibles (i.e.- gas), naturals (i.e.- pets), writings (i.e.- maps, navigational charts), and real estate (i.e.- house), as well.
Product liability claims can be filed by either the consumer of the product, or by someone to whom the product was loaned or given.
www.hugesettlements.com /articles/Product_Liability.htm   (429 words)

 Product Liability and Ethics
According to strict liability laws, a manufacturer can be held liable for injuries even when he or she had no way of preventing those injuries.
Consumer activists, on the other hand, claim that the threat of product liability suits forces manufacturers to make product safety a priority and that those who suffer injuries caused by products should be compensated for their injuries by the manufacturers of those products.
Since the defective product that caused the injury was produced by the manufacturer, it is fair that the manufacturer bear the costs of that injury.
www.scu.edu /ethics/publications/iie/v4n1/pay.html   (1655 words)

 Product Liability Lawyers and Attorneys - free, no obligation recommendations
Product liability is a personal injury lawsuit that is the result of a defective product or negligence having to do with products' design or manufacture.
In most states, to prove a product's liability, a plaintiff has to show that the product was defective and was the main cause of the injury.
In addition, a product liability case is often part of another case such as medical malpractice or personal injury.
www.injurylawyerfinder.com /product_liability.htm   (266 words)

 Abrahamson, Uiterwyk and Barnes - Personal Injury Attorneys - Product Liability Information
The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries or deaths sustained from the use of a defective product.
Our mission in pursuing product liability cases is to obtain just compensation for our injured clients and to create an economic incentive for those in the stream of commerce to produce safe products and provide sufficient warning of the dangers of their products, ultimately resulting in the saving of lives.
Whether dealing with a manufacturing flaw or defect, a design flaw or defect, or where a product is unreasonably dangerous because of inadequate instructions or warnings, we ensure that the family and heirs of deceased consumers receive fair treatment under Florida law for injuries caused by dangerous and defective products.
www.theinjurylawyers.com /productliability.htm   (542 words)

 Top Professional Product Liability Experts and Legal Witnesses
Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
Product liability can mean a defective product that has caused you a injury or an illness.
Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product.
product-liability.expertwitness.com   (0 words)

Product liability laws are almost always created by Courts, with the exception of very narrow legislation on specific topics.
Thus, if the finished product is substandard by comparison to identical products in that product line, the manufacturer may be held liable for causing the anomaly and failing to catch the defect, before it was sold to a consumer.
In aviation product liability, a victim can be found to have assumed the risk of a defective product only if the victim clearly understood the risk of using the product, notwithstanding the apparent defect.
www.aviationlawcorp.com /content/avprodliab.html   (4009 words)

 Product Liability Law   (Site not responding. Last check: )
A person injured by a defective product may sue any person or entity, such as the wholesaler, distributor, retailer or the store where the product that caused the injury was purchased.
A defective product is one that causes damage or injury to a consumer by way of a defect in the product, its labeling or marketing, and the way the product is used.
A successful products liability case is based on a manufacturing defect, a design defect, or inadequate warning of danger known to the manufacturer or seller.
sls.rutgers.edu /products_liability.htm   (1655 words)

 Product Liability Lawyer: Attorneys, Lawyers For Defective Product Injuries
Products you purchase from any retail store, wholesaler, supermarkets, or even specialty outlets are all manufactured with an implicit guarantee that the purchased product is not defective.
A product liability lawyer can help assist you when a product causes personal injury or even damages to your property by assessing the personal injury and damage done by the negligent or defective product and in due time estimate a compensatory sum.
Product liability lawyers will gather proof significant enough to illustrate that the product was certainly defective and present the facts in court.
www.productliabilitylawyer.com   (0 words)

 Product Liability
Wiedner and McAuliffe, Ltd. product liability litigation attorneys have a substantial local, regional and nationwide practice in defense of manufacturers, distributors and retailers.
In fact, as national counsel to one of the country’s largest appliance manufacturers, we have litigated product liability cases in nearly all of the 50 states.
The emergence of spoliation as a separate cause of product liability action highlights a position that we have advocated for years: the importance of preserving the integrity of the accident scene for civil litigation defendants.
www.wmlaw.com /ProductLiability.asp   (447 words)

 Product Liability Lawyers in Charlotte, North Carolina
Product liability is an area of law that provides compensation to people who have been injured by a dangerous or defective product.
Product liability claims are very complex and can be very confusing if you do not have the necessary experience.
In addition to all these various product liability factors, each state has different rules and regulations regarding the type of product liability claim you are able to file.
www.demayolaw.com /products.html   (459 words)

 Product Liability
Because Maryland products liability law has been established primarily in the courts, supporters of limits have indicated that legislation may be proposed to specify the rights of consumers and manufacturers.
Proponents of this approach believe that once legislation has been passed, the number of product liability lawsuits will decrease because both plaintiffs and defendants will have a clear understanding of what to expect from litigation, and that competition and product innovation will be encouraged.
In 1996, Congress passed significant changes in product liability law that would have had a dramatic effect on the handling of cases in state courts, but the proposal was vetoed by President Clinton.
www.msba.org /sec_comm/committees/lawscomm/legislativeprogram02/productlia.htm   (375 words)

 [No title]
A product liability lawsuit involves injury caused by a defective product.
Companies sued in product liability cases include the manufacturer of the defective product, the wholesaler or distributor of the product and often the retailer of the product.
Product liability is generally considered a strict liability claim.
www.pritzkerlaw.com /defective-product-lawyers   (835 words)

 Duane Morris - Product Liability Litigation Practice
Our lawyers who regularly defend product cases involving hospital equipment and medical, surgical and orthopedic devices are also those lawyers who have experience in defending medical malpractice claims, thereby bringing their knowledge of medical issues to bear in the defense of these products.
Whether defending a product liability client in a single catastrophic injury case or acting as national litigation coordinating counsel for a client with 60,000 pending product (asbestos) cases, our Group is supported by the firm's state-of-the-art litigation technology, which is creatively applied to efficiently and cost effectively meet the needs of the particular litigation.
The product, L-tryptophan, is alleged to have caused a national epidemic that resulted in the identification by the Center for Disease Control of a new signature disease: eosinophilia myalgia syndrome.
www.duanemorris.com /practices/practice185.html   (1175 words)

 Product liability
The product liability provisions of the Trade Practices Act allow persons who suffer injury or loss as the result of a defective product to take legal action for compensation against the supplier of that product.
A product is defective if it does not provide the level of safety that the community generally is entitled to expect.
Products that are older and subject to more use would not necessarily be expected to be as safe as brand new ones.
www.accc.gov.au /content/index.phtml/itemId/268708   (0 words)

 Columbus Ohio Product Liability Attorneys
The attorneys of Clark, Perdue, Arnold and Scott are tireless advocates for the innocent victims of defective products.
Product liability is a particularly challenging area of the law.
When considering hiring an attorney for a product defect case, it is important to question whether that attorney has ready access to the best experts in the field.
www.cpaslaw.com /product_liability.html   (748 words)

 Product Liability: Alexander Hawes, LLP
Product Liability Information from Alexander Hawes, LLP San Jose, San Francisco.
"Product Liability" is a branch of the law that covers injuries and damage caused by defective products.
Peabody Barnes and General Electric, a product liability case for wrongful death settled for $750,000.
www.alexanderlaw.com /products-liability.html   (0 words)

 Product Liability in Comparative Perspective - Cambridge University Press
With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States.
Interaction between the European directive on product liability and the former liability regime in Italy Eleonora Rajneri; 5.
Product liability law in Centre Europe and the true impact of the product liability directive Magdalena Sengayen; 15.
www.cambridge.org /catalogue/catalogue.asp?isbn=0521847230   (0 words)

 Georgia Product Liability Lawyers - Georgia Product Liability Attorneys
There are three types of product defects: design defects, manufacturing defects, and defects in marketing.
Products liability is generally considered a "strict liability" wrong.
The law of products liability is found mainly in common law of torts (state judge-made law) and in the Uniform Commercial Code.
www.georgiainjurylawyers.net /product_liability.htm   (527 words)

 Product Liability Law Firm Herrick & Hart, S.C. Attorneys Eau Claire, Wisconsin Lawyers
The manufacturer of a product has a duty to produce a product that is safe and will not create an unreasonable risk of injury when used in a foreseeable manner.
Product liability claims can be based on negligence, strict liability, or breach of warranty.
Product liability claims can be made against the manufacturer, distributor, wholesaler, retailer, and maker of component parts.
www.eauclairelaw.com /CM/PracticeAreaDescriptions/Productliability.asp   (346 words)

 Hughes Hubbard and Reed : Product Liability & Toxic Torts Practice
We are national counsel on several significant product liability litigation matters and defend clients in courts throughout the country.
We are national counsel to a leading pharmaceutical manufacturer in numerous product liability and consumer class action lawsuits involving one of the most successful new drugs in history.
Reviewed product warnings and instructions and provided legal advice on the content of a warning and the manner by which, and persons to whom, the warning and instructions should be conveyed.
www.hugheshubbard.com /practice/detail.asp?PracticeAreaID=60   (751 words)

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