Defective Product

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A “defective product” is one that causes injury or damage to a person as a result of some defect in the product itself, its design or labeling, or a failure to provide adequate warning of potential dangers. The manufacturer and others involved in the chain of commerce are often liable for injuries caused by defective products.

 

Negligence:

 

In a negligence action, the plaintiff must typically demonstrate that the parties responsible for placing the product into commerce had a duty to provide goods fit for their foreseeable uses; would have detected the defect with the exercise of reasonable care in the design, manufacture, or inspection process; failed to meet its obligations; and that the plaintiff was injured by the product as a result of the defect while engaged in a foreseeable use of the product.

 

Strict Liability:

 

Under a strict liability standard, once the plaintiff establishes that a product is defective, liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale..

 

Breach of Warranty:

 

A warranty is essentially a contract of fitness between a manufacturer or vendor and its customer. Under a breach of express warranty theory, the plaintiff alleges the violation of the actual written warranty associated with a product. Under a breach of implied warranty theory, the plaintiff alleges that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods render them unfit for the purpose intended.