Product liability laws exist to protect consumers from being injured by defective products or other harmful products. If its products cause injury, your business could be sued. We share five key elements of product liability law in this blog.
The Key Features of Product Liability Law
Please continue reading to find out what you can do to protect your business and its customers.
To protect consumers, laws are in place.
Protect your business from possible litigation due to injuries caused by dangerous or defective products. You cannot plead ignorance if your company sells products as a business owner. You must ensure that your company is protecting its customers from harm.
If you have a business that operates outside the USA, it is important to be familiar with the laws in the country where your products are sold and the laws in the State.
Any federal law does not govern product liability in the United States. Each State, however, has its laws. Take, for example:
- Canada has federal and provincial laws regarding product liability
- California product liability law
- New York has a statute of limitations for 3 years beginning from the date of injury
Every Product Liability Lawsuit is Unique
You could be sued if your product is found to be defective or dangerous.
Each product liability case is different and depends on the circumstances surrounding the defective or dangerous product and the injuries the victims suffered. All product liability lawsuits have the following common characteristics:
- A defective product can cause injury
- Losses can be caused by injury
- The retailer, manufacturer, designer or business owner must ensure that consumers buy safe products
The Plaintiff must prove that a defective product caused their injuries.
A defective product can cause injury to someone.
Design defects are when a product’s design is flawed. Design defects are often found in entire production lines rather than one product. An example of a design flaw is when an airbag fails to inflate in a collision with a vehicle.
Manufacturing defects are defects that occur in the manufacturing of a single product and not across an entire production line. Screws or parts may be incorrectly fitted, for example. Manufacturing defects are the most common cause of product liability lawsuits.
Failing to provide clear instructions and warnings regarding the use of a product can lead to injuries. This means that a customer could purchase a product, use it improperly and get hurt. A marketing defect could cause injury if the steam valve on the iron is placed unusually and doesn’t come with instructions.
If a defective product injures a consumer, you should immediately take action.
If a dangerous or defective product hurts someone, you can be sued. It would help if you immediately took action once you learned about the problem. This means speaking with an experienced attorney who has dealt with product liability cases.
Your lawyer can give you valuable advice about product liability lawsuits and help you get the best outcome.
An attorney for personal injuries could recommend that you make a public statement acknowledging the problem with the product, contact all wholesalers and distributors and then develop a plan to correct the problem. To prevent further injury, you may need to recall defective products.
Sometimes, government agencies can mandate product recalls. Customers may be required to pay you back. A reputable lawyer will not only give you advice about handling a product defect lawsuit but also help you minimize the negative impact on your reputation and the financial costs of the Plaintiff’s damages.
There are steps you can take to prevent injuries from defective products.
Taking the necessary steps to stop defective or dangerous products from entering the market and causing injury to customers can help you avoid being in a product liability suit. You could be financially and reputationally bankrupt if you fail to take the necessary steps when injured.