Motor Vehicle Accidents | Wrongful Death | Life Altering Injury | Animal Bites or Attacks | Product Liability

Product Liability

Product liability claims result from defective products.

These claims involve the liability of anyone involved in the manufacture of the product, from the manufacturer or designer of component parts to the assembling manufacturer, wholesalers and retailers.

Food, blood drugs, medical devices, appliances, automobiles, and tobacco are some of the products that have been in the news recently for causing harm to the consumer. Parties involved in the chain of manufacture, distribution and final sale may be liable.

Product liability claims are based on any combination of three theories (or counts):

1. Negligence

2. Breach of implied and express warranty

3. Strict liability

In a product liability case, the product must be proven defective. For a product to be considered defective, it must either have design defects, manufacturing defects, or defects in warnings.Product liability law is expansive, incorporating both individual injury and massive class-action lawsuits. If you have been injured by a product, please call Avera & Smith to discuss the specifics of your case.