Call Today 818-548-8000
Noravian Law Firm
You've Been Placed In Harm's Way. Don't Stay There.

Several legal theories may form basis of product liability claims

In pursuing a product liability claim, it is critical for a plaintiff, one who has been harmed by a defective product, to build the strongest possible case for the liability of the designer, manufacturer, or distributor, whoever is being targeted by the lawsuit.

Product liability cases can be said to generally fall into several categories: those involving defects in design; those involve manufacturing defects; and those involving marketing defects. Depending on the party one is targeting, and the factors of the case, there are several potential theories for liability that could be used in product liability cases. 

Negligence is one legal theory that can be used to pursue a product liability claim. In these cases, the plaintiff alleges that the designer, manufacturer, or distributor failed to exercise reasonable care with respect to the product. Failure to catch a manufacturing defect, which subsequently causes harm, is a simple example.

Product liability cases may also be brought on the basis of a breach of warranty. Different states have different rules concerning warranties, some of which are recognized by the courts and others which are specified by statute. One example is that a product may be warranted as fit to be used for a particular purpose. If the product is deemed to be unfit for the advertised purpose, this can be found as a breach of warranty.

In product defect cases based on strict liability, it is unnecessary to allege negligence or demonstrate a breach of warranty. In our next post, we’ll take a look at the general requirements strict liability claims in product defect cases, including a recent California case touching on an important issue in this area of law. 

No Comments

Leave a comment
Comment Information

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy