The laws on product liability protect consumers from being injured by dangerous or defective products. If your products cause injury to someone, you could face a lawsuit. We share five important aspects of product-liability law in this blog.
Five key aspects of product liability law
You can learn all you need to protect your business, and yourself as well as its customers.
1. There are laws in place to protect consumers
Your legal advisor should protect your company from litigation arising out of injuries caused by defective or unsafe products. As a businessman who owns a company which sells products you cannot claim ignorance. It is important to know that your business does everything possible to avoid customer harm.
You must be familiar with the laws in the state where you do business and the country that your products are sold.
In the United States there is no federal law that governs product liability. Each state sets its own standards and laws. As an example:
- Canada has provincial and federal laws For product liability
- California product liability law
- New York is a city that has a diverse population. statute of limitations of 3 years Starting from the date injury
2. Each product liability law suit is unique
You could be held responsible for damages if you sell a defective or harmful product.
Each other product liability lawsuit Every case is different, and it depends on the particular circumstances of the defective product or the harm that the injured person has suffered. In the end, product liability lawsuits have some common characteristics.
- A defective product can cause injury
- Losses are caused by injury
- Business owners, designers, manufacturers, and retailers must make sure that the products they sell are safe for consumers.
3. The Plaintiff must prove that a defective product caused his or her injuries
A person who is injured by a defective item can file a lawsuit for damages against the product manufacturer, designer, and retailer.
The three main types are design, manufacturing, or marketing.
Design Defects
When a design defect occurs, it is when the product design What’s wrong? In most cases, design defects refer to entire product lines rather than one single item. When the airbag does not inflate during a collision, this is a great example of a defect.
Manufacturing Defects
Manufacturing defects are those that occur during the manufacture of a single item, and not throughout an assembly line. As an example, parts or screws could be incorrectly fitted. Manufacturing defects are the cause of most product liability suits.
Marketing Defects
It is also possible for injuries to occur due to failures in providing customers with clear instructions on how to use the product or warnings. A consumer can be injured if they use a product in a way it wasn’t designed to be used. A marketing defect could cause injury to someone if, for example, the steam valve of an iron was positioned in a strange way and no instructions were included.
4. If a consumer is injured by a defective product, you should take immediate action.
You could be sued, as we have already mentioned, if a product is dangerous or defective and causes injury to someone. As a result, you must act as soon as you are informed. This means you should contact a skilled attorney who has experience in product liability cases.
Your lawyer can give you valuable advice about the product liability suit and help you get the best outcome.
An attorney for personal injury could suggest that you make a public announcement in which you acknowledge the issue with the product. You should also contact all retailers and wholesalers and create a plan to correct the defect. You may need to recall products that are defective to prevent further injuries.
Sometimes, government agencies can mandate product recalls. It may be necessary to reimburse customers who have been affected. In addition to giving you advice on handling a product-liability lawsuit, a lawyer who is reputable can represent you at court to reduce the financial impact that a defective item can have on the company’s reputation.
5. Defective products can cause injuries.
It is possible to avoid being involved in any product liability lawsuit by taking appropriate steps To prevent dangerous or defective products from entering the market and causing injury to customers. You could be financially and professionally ruined if you fail to take the right steps when an accident occurs.
Testing
Test all products that you make and those from suppliers thoroughly.
Warnings
Provide adequate warnings for products that need warnings.
Insurance
Purchase product liability insurance in order to minimize the financial impact if a product causes an injury.
Final Words
As a businessman, you should strive to learn how your company can ensure product safety. Understand the steps you can take to protect your business from liability claims. You can’t avoid mistakes, but you can prepare yourself with legal representation and insurance.
Please note this article is not legal advice – it is an interpretation only, as is the case with all our business blog articles – OE&E.
