What is “Product Liability”?
Dangerous or defective products are a known cause of 1000s of injuries a year in the United States. “Product liability law” is a body of governing rules concerning who can be held responsible for dangerous or defective products; these rules differ from personal injury law. The rules governing product liability occasionally prove easier for the injured to recover damages.
Product liability refers to a seller or manufacturer’s liability for offering a defective product to a consumer. Responsibility for a defective product that causes injury can rest with all involved in the product distribution chain. Product liability law necessitates that a product meets the common expectations of a consumer. When products pose an unexpected danger or defect, the product does not meet the common expectations of the consumer.
Federal product liability law have not been established, therefore, product liability claims are addressed by state laws and processed under the principles of strict liability, negligence, breach of warranty, or modeled on commercial statutes in each state.
Product Liability prescription period
Liability in Product Cases
Defects in Manufacturing
Product Liability and Guns
Pharmaceutical Drug Liability
Medications are common in product liability lawsuits. Producers of prescription medication have a duty to stringently test medication before distributing them to market, under the strict testing guidelines set by the U.S. Food and Drug Administration (FDA). FDA guidelines are deemed as industry standard, but FDA licensing does not negate product liability if the medication proves defective in an injury case
As is common with all prescription medication, a “learned intermediary” lies between the manufacturer and the end-user. For example, a learned intermediary could be the prescribing doctor, the nurse providing instructions on use, or the fulfillment by a pharmacist.
The lines of liability can become blurry in product liability when assigning liability; however, an experienced Lake Charles product liability or defective products attorney can help a victim discern who is at fault for their injuries.