Product Liability Law

By on Feb 21, 2017 in Product Liability | 0 comments

Product liability is the area of the law which holds manufacturers, suppliers, distributors, sellers and all who play role in the distribution of products to the public, liable for the harm these products cause consumers. America’s buying public welcomes this law due to its effectivity in upholding their protection as consumers. Its primary intent is to protect consumers and bring to an end the thousands of injuries that dangerous and defective products cause every year.

The Bureau of Consumer Protection of the Federal Trade Commission is the specific branch of government which makes sure that consumers get exactly what they pay for and not end up taking home a defective or dangerous product instead. Besides this, the bureau also works to stop fraudulent, deceptive and unjust business practices by: formulating and implementing fair marketplace rules; accepting consumer complaints and investigating reports of product defects; filing suits against people and/or companies that deceive consumers or violate consumer rights; and, educating consumers and business firms about their rights, duties and responsibilities.

Product liability claims are based on three suppositions:

a) Negligence, which can be imputed on product manufacturers who either fail to do something that ought to have been done or did something that is not part of a production process.

b) Breach of warranty, which is failure to fulfill any claim or promise made about a product or service. For example is a universal remote control that ends up controlling only your television set when it is advertised as able to control any electronic equipment in your home.

c) Strict liability, which extends the manufacturer’s or seller’s liability to the injury or harm caused by the product on all those affected and actually injured by it.

Thousands of products are recalled every year, due to defects, dangerous parts (like sharp edges or choking hazards) or toxic substances. Despite the laws that aim to regulate these concerns, harmful products continue to fill store shelves, making the list of defective or dangerous products seem endless. Some of the products most commonly complained of and recalled due to their defect and the harm that they cause include food, nursery items, children’s toys, school items,motor vehicles, gas containers, milk and other dairy products, electronic devices, machines, chemicals, and household items, such as appliances, beds, chairs, electric blankets, stoves, toasters, extension cords, hair dryers, curling irons, ovens, steam or flat irons, fire extinguishers, and hundreds of others more.

Thousands of lawyers find themselves busy helping and defending the members of their community in personal injury lawsuits, which range from automobile accidents to medical malpractice. According to the Ali Mokaram law firm, “Personal injury law is a wide branch of tort law that encompasses civil cases brought against other citizens. These cases typically arise when the negligence of one person causes injury to innocent party. This negligence can be created through action or inaction either directly or indirectly. Frequently these cases result in compensatory damages to assist with the injuries incurred.

Compensation, or commonly referred to as damages, can be divided into two categories, punitive or compensatory damages. Punitive damages are penalties that a judge will award to the plaintiff that is specifically designed to punish the defendant for their heinous acts. These damages are typically reserved for cases involving tort law and are often used to deter the defendant from doing the act again. On the contrary, compensatory damages are designed to help the plaintiff to pay for the costs of recovering after the injury. These damages often include things such as lost wages, property damages, and lawyer fees.”

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