When is a Manufacturer Liable for Injuries Caused by Its Products?
Under products liability, strict liability is applied to impose liability on manufacturers of defective products that cause injury. Courts developed strict products liability for four basic reasons. The idea behind products liability is that if the cost of the injury is shifted to the manufacturer, the manufacturer will in turn distribute the loss among all its customers. The cost of each product increases slightly so that each purchaser is in effect buying insurance against being the unlucky product user who otherwise would suffer a catastrophic loss. In this blog post, we will discuss products liability and how a manufacturer can be held liable for injuries caused by a defective product.
Products Liability
One of the main reasons why courts developed products liability is that in many instances, the defect in a product is caused by a manufacturer’s negligence but the negligence is difficult or impossible to prove for an ordinary consumer. The physical evidence may be destroyed or inconclusive, or the information about the manufacturing process that is required to prove negligence may be uniquely within the control of the manufacturer. Another reason is that negligence liability alone provides insufficient incentives to induce manufacturers to make safe products. When considering how much to invest in careful product design, manufacturing, and quality control, a manufacturer should calculate the full cost of injuries caused by its products and figure those damages into the cost of the product. Imposing strict liability encourages manufacturers to go the extra mile to produce safer products for consumers, and in many cases, manufacturers are in a better position to minimize injuries then are the users of the products. Moreover, manufacturers typically represent their products to be safe, and the expectations of consumers created by those representations should be protected. You may be wondering how does strict liability work in products liability cases? Strict liability is not simply a question of finding a deep pocket or someone who has enough money to bear the plaintiffs loss. Instead, it makes the product bear its true cost including the cost of the injuries that are caused by it. Essentially, it distributes the cost among all users of the product. Strict product liability is widely imposed for manufacturing defects. Products can be defective in several different ways. The first way a product can be defective is when a product has a design defect. The second way a product can be defective is when a product has a manufacturing defect. The third way a product can be defective is when it fails to warn consumers about a risk created by the product. A product has a manufacturing defect when it is not made the way it is supposed to be. With a design defect, the product is made exactly as the manufacturer intended, but the problem is with the design of the product itself. This is the most interesting area of product’s liability as many different courts have defined different tests for determining when a design defect is present.
Speak with a Personal Injury Lawyer Today!
If you are looking to pursue a personal injury case and want to discuss your options going forward, contact one of our skilled personal injury attorneys today! Don’t allow negligent drivers to cost you money, time, or cause you aggravation. If you were hurt in any type of accident and sustained a personal injury, it is a good idea to connect with a local personal injury lawyer so that you can obtain vital information on how to begin the process of filing a claim or filing a lawsuit. At Suarez and Montero, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the at-fault party. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of motor vehicle accidents. We are available 24/7 to give you a free, no risk case consultation.
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