A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Often times, when a defective product is placed on the market, it can be the cause of a serious and long lasting injury to the consumer.
When a defective product is placed on the market, there are a number of individuals who could potentially be liable. Some of these individuals include:
- The Manufacturer
- The Wholesaler
- The Retailer
- The Maker of Component Parts of the Product
- The Assembler
- The Store or Seller of the Product
- Possibly Other Parties in the Distribution Chain
One common misconception about products liability claims is that you have to be the purchaser of the product in order to file a claim. This is not true, you may have a potential product liability claim even if you did not purchase the product yourself, so long as you were harmed as a result of the defective product.
Proof Requirements
In order to be successful on a product liability claim you must prove certain circumstances existed. These frequently include:
- Manufacturing Defects
- Design Defects
- Failure to Warn Defects
- Marketing Defects
- Strict Liability for Defective Products
If the product has an “unreasonably dangerous” defect that injured you or someone else, the defect caused an injury during normal and routine use of the product, and the product had not been altered from the condition in which it was sold, you may have a claim based on strict liability. This means that you will not have prove any negligence on the part of the manufacturer to be successful.