Types of Product Liability
Cornell University Law School’s Legal Information Institute states that when a product liability suit arises, any party that contributed to the final product can be held liable for damages the item caused. This means that the manufacturer of component parts, a party that assembles a product, a wholesaler or a retail store can all be held responsible for a product’s defects. There are also three types of situations where a manufacturer or supplier can be held liable for a product’s defects, and these are:
- Defects in marketing—This refers to the way a product is marketed. For example, a product may be defectively marketed if it does not have adequate safety warnings, it comes with insufficient instructions or it is improperly labeled.
- Design defects—This type of defect is present in the product even before it is produced. When a product has a design defect, the way it is designed makes it unsafe.
- Manufacturing defects—When something goes wrong during the assembly of a product or in the manufacturing process itself, there is a manufacturing defect.
In any type of product liability case, two things must be proven. First, that either a marketing, design or manufacturing defect made the product dangerous. Second, that the product was actually defective.
When a Maryland Product Liability Attorney Might Be Needed
In most cases, products that come with defects are usually tangible personal property. For example, in 2010, the Consumer Product Safety Commission banned cribs with drop-down sides, citing that they caused 32 infant deaths over a span of 10 years, states WebMD. Following this recall, the CPSC established new standards for cribs, which included requiring crib hardware to be sturdier and for mattress supports to be stronger. While tangible products, like infant cribs, are often thought of as the subjects of product liability cases, liability law can extend to intangibles, writings, real estate and naturals.
Strict Liability and Negligence
There are two areas of law that most frequently govern product liability cases, which, according to the National Paralegal College, include strict liability and negligence. In cases involving strict liability, suppliers and manufacturers are held responsible for the harm their product causes. In order for a manufacturer to be deemed strictly liable for a product’s defectives, it must be proven that the defect was caused by the manufacturer, that the product was actually defective and that the defect was the reason why the consumer was injured.
Comparatively, cases involving general negligence occur when suppliers or manufacturers unintentionally release products into the stream of commerce that have the potential to cause serious harm. In general, if manufacturers or suppliers make or supply a product, and it is reasonably foreseeable that it will create a risk of injury or death when used, negligence can play a role.
When consumers file a lawsuit on the basis that a product caused them serious harm, they may be eligible to receive a variety of different damages if it is determined that the manufacturer or supplier is at fault. For example, a consumer may be able to receive damages for economic losses, which may cover medical expenses and the cost of disability, and noneconomic losses, which may include compensation for pain and suffering. Those who were allegedly harmed by a product should catalog these damages soon after their injuries occur, so that they are eligible to receive fair and proper compensation.
How a Maryland Product Liability Attorney Can Help
Product makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by the fault of others may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
The families of those killed may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.