A person injured by a product can bring an action against a manufacturer, distributor or retailer. For example, if you are injured in a car accident and the airbag does not deploy, you may have an action against the manufacturer of the car or of the airbag.
To recover in a strict product liability action, a plaintiff must plead and prove that the injury complained of resulted from a condition of the product, that the condition was unreasonably dangerous, and that it existed at the time the product left the manufacturer’s control.
A product may be found to be unreasonably dangerous, in a strict product liability action, based on proof of any one of three conditions: a physical defect in the product itself, a defect in the product’s design, or a failure of the manufacturer to warn of the danger or to instruct on the proper use of the product. A product is defective when it fails to perform in the manner reasonably expected in light of its nature and intended function.
There are two other actions an injured party may have if they are injured by a defective product.
Under a negligence theory, a plaintiff must show that the party that produced or sold the defective product was either aware of the dangers of use and did not warn consumers of the risks, or was careless in its manufacture or testing.
Under a breach of warranty theory, a plaintiff must prove that the manufacturer or distributor violated a written or implied warranty guaranteeing a product free from defects.
The statute of limitations if you are injured by a defective product is two years. If you feel you were injured by a defective product, contact us, we are experienced product liability attorneys.
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