Typically, an action for a products liability claim arises when a person is injured by a defective product that is unreasonably dangerous or unsafe. The injured person may have a claim or cause of action against the company that designed, manufactured, sold, distributed, leased, or furnished the product. In other words, the company may be liable to the person for his injuries and, as a result, may be required to pay for his damages.
Companies have what is called a duty to exercise ordinary care. This duty to exercise ordinary care, and to supply a safe and non- defective product, applies to everyone in the chain of distribution, including a manufacturer who carelessly makes a defective product, the company that uses the product to assemble something without discovering the defect, and the retailer who should exercise greater care in selling such a product. These individuals each owe a duty of care to anyone who is likely to be injured by the defective product, including the initial buyer, a family member, a bystander, or someone who leases the item or holds it for the purchaser.This duty to exercise ordinary care extends to every entity in the stream of commerce.
- The product must be designed in a way that it is safe when used as intended, it must be inspected and tested at appropriate stages in the manufacturing, distribution, and retail process.
- The product must be made from safe and appropriate materials, and assembled with appropriate care to avoid against its negligent manufacture.
- The product’s container or packaging must be satisfactory and must contain appropriate warnings and directions for use.
Additionally, you must demonstrate specifically that your injury was caused by the defect itself and that you were using the product in a way that the manufacturer intended consumers to use it. In other words, if a manufacturer could reasonably expect an ordinary consumer to use the product in the way you used it, you have likely satisfied this requirement.
If you have been injured or suffered other damages because of a product you used, you may have a products liability claim.The attorneys at Motherway & Napleton will make sure that your products liability claim includes all of the elements required by your state in order to obtain the most favorable legal result.