Monday, July 9, 2007

Theories in Making Product Liability Claims

Product liability is among the growing cases being filed and litigated in courts especially in California. The growing need of consumers for newer varied products fuel the manufacturers drive to produce more innovative products in less time.

Generally, manufacturers owe its consumers the responsibility of keeping their products safe for public use or consumption. Unfortunately, some manufacturers are more concerned with profit but less with public safety.

If you have been injured or if a member of your family died due to a defective product, you are entitled to product liability claims against the manufacturers, distributors, wholesalers or retailers depending on the defect of the product.

There are three legal theories that you can pursue in order to acquire damages due to defective products - negligence, strict liability and breach of warranty.

In negligence theory, you must prove that the manufacturer failed to use due diligence and care in designing, manufacturing or selling the product and such failure caused your personal injuries.

Strict liability theory, on the other hand, focuses on the condition of the product itself. In this theory you just need to prove that the product is defective making it unreasonably dangerous for use or consumption and such defect caused your personal injuries.

Last, breach of warranty focuses on the presentation or promise made by manufacturers to the public. The warranty may be expressed or implied. So long as you can prove that this warranty was breached by the lesser quality of the product causing you injuries, then you are entitled to damages.

In all these theories, however, you need the aid of expert personal injury lawyers with skill in handling product liability cases in particular.