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Product liability is the liability of any party along the chain of manufacture of a product, for damage caused by that product. Liable parties include a product’s manufacturers as well as its suppliers. Products with defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of products liability suits. Three types of product defects incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing.
Although it is most known and used for its protection of car purchasers, lemon law can also extend to other products such as computers or televisions. Lemon law is an area of consumer protection law that enables an automotive customer to return a defective new car to the manufacturer. If a car manufacturer refuses to accept a returned car, one can try to resolve the issue by filing a lawsuit.
Research Lemon Laws By state
Every state, along with the District of Columbia, has a lemon law. Lemon laws establish a standard for when vehicles should be repurchased or replaced by the manufacturer. The lemon laws contain eligibility requirements, notice requirements, and also set out specific remedies that a consumer may recover in a legal action against the manufacturer if a vehicle cannot be fixed to conform to the warranty after a reasonable number of repair attempts. It is important for you to know your rights and responsibilities.
If you are the victim of fraud, it is imperative that you contact your local police department as soon as possible. You should also consult with a lawyer that specializes in fraud law.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law.
People Over Profits, sponsored by the American Association for Justice, is committed to fighting back against the well-organized and well-funded assault on the civil justice system, and protecting American civil rights and trial by jury.
In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
The law of products liability is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. In it, the most important products liability sections are the implied and express warranties of merchantability in the sales of goods §§ 2-314 and 2-315. Products liability is derived mainly from Torts law.
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