Product Liability

What is product liability in terms of the law?

Product liability refers to the area of law in which manufacturers, distributors, retailers, and suppliers are held responsible for an injury caused to someone by their product. Product liability law is a derivative of tort law. Torts have wide applications in lawsuits as it involves actions which can damage others and are regarded as offenses for which courts can take necessary action.

Who will be held accountable in the case of product liability?

In New Hampshire, when there is a defective product, the direct labour involved and responsible for manufacturing, assembling and modifying the product, such as the distributor, the wholesaler and the retailer, may all be held liable under the standards followed regarding the product liability.

What factors are permissible to discuss in case of product liability?

In the case of product liability, you can discuss strict liability, negligence, battery, misrepresentation, etc. The personnel directly related to the manufacturing of the product can be sued by proving that the product had been defected and did not live up to the standards. As a result of the defect, the product caused severe harm to the claimant who used it. If you have such a situation, you can file a product liability claim.

What is considered in a product liability case?

In Concord, New Hampshire, Manchester, New Hampshire and Exeter, NH, the attorneys will represent product plaintiffs in products liability cases. This will include any foreseeable user of the product.

For filing the lawsuit, you need to verify any of the three types of defects. These will include manufacturing defect, which means that the product was made poorly. Design defects are also inherent flaws in a product, which means that the product made using the standard design is contrary to the design. The flaws can also occur during design modification. The last defect is a warning defect or marketing defect, which means that there was known or knowable harm associated with the use of the product, and the manufacturer failed to inform about that harm.

Whom not to consider responsible for the defect?

Anyone in the line of distribution is the proper defendant in product liability. In various areas such as the medical field, the doctors prescribing the drugs will not be considered product liability defendants.

Is it an absolute duty of the personnel to make the product safe?

The rules and laws regulating the product liability cases in the entire region of New Hampshire describe that you will have to prove that the risk of harm was more than the product’s usefulness plus the cost of making it safer.

Is the defendant negligent?

In product liability cases, the person suffering does not have to prove negligence. The proof of the commodity’s imperfections is the only evidence required. This is known as strict liability. After documenting and establishing the injury, the victim has met with the required proof. Proving the product non-defective then becomes the responsibility of the manufacturer.