Under the doctrine of strict liability, a manufacturer, seller or distributor is responsible for a defective product, whether or not the plaintiff is at fault. It is irrelevant whether the product seller, manufacturer or distributor took steps to ensure that the product had no defects. Read further to learn more about product liability suits.
Different Kinds of Product Liability
There are three kinds of product liability: warning defects, design defects, and manufacturing defects, and they are described below.
* A warning defect occurs when a defendant fails to provide adequate instructions or warnings on the product’s use. If the item doesn’t have sufficient instructions or warnings and someone is injured as a result, the defendant is legally responsible.
* A design defect happens when there is an issue with the product’s design or plans that renders it unsafe.
* A manufacturing defect occurs when the product design was safe, but the manufacturing was flawed and caused a defect in the final product.
What’s Needed to Prove a Case for Strict Product Liability
In strict liability claims, plaintiffs and lawyers must prove that a product was sold in unreasonable, dangerous conditions. The distributor, manufacturer or seller must have intended the product to reach consumers without making changes, and the plaintiff must have suffered personal injury or property damage because of the defect.
Defenses to Strict Liability Allegations
Defendants and their attorneys can use certain defenses to claims such as those listed above: assumption of risk and product misuse. If a plaintiff was aware of and voluntarily accepted the danger associated with the product, or if they used it in an unforeseeable or unintended way, the defendant may not be liable. A product liability lawyer in Murfreesboro, TN can tell the client whether either of these defenses may be used.
Is It Necessary to Hire a Lawyer for Claims Arising from Strict Product Liability?
A defendant can be solely liable for a product defect. As the plaintiff, one must prove that the injuries they’ve suffered were caused by the defect. Visit the Law Office of Gritton & Gritton, PLLC to consult a product liability lawyer in Murfreesboro, TN.