After braving long lines and inclement weather, you have finally finished your holiday shopping. Your annual trek of racing from store to store and ordering gifts online is now complete. Now that you are done shopping and wrapping your gifts, you can rest easy – or so you think.
When your little ones are tearing into their gifts, the last thing you want is for them to be harmed and injured because the gift is dangerous. Unfortunately, some products that are given as gifts can be unsafe and harmful to their recipients due to hazardous materials, dangerous design, malfunctioning parts or other reasons. The area of law which deals with dangerous and unsafe products that are sold and put into the stream of commerce is called product liability. Products should always be safe when they are used properly. Product liability is a breach of trust that could require legal action. If this is the case, you can always turn to the Law Offices of Rovner, Allen, Rovner, Zimmerman & Nash for a Bucks County product liability and injury lawyer.
When it comes to product liability, there are three different areas of claims that are filed: Negligence, breach of warranty and strict liability.
Product liability that deals with carelessness in the design or manufacturing stage is called negligence. The manufacturer of the product has a great deal of responsibility in these cases. They must prove that they took the necessary steps during all stages of designing and manufacturing a product. The manufacturer of the product in question is also required to show warnings of potential harm that could face a consumer due to certain uses and conditions.
Breach of Warranty
Speaking of warnings, breach of warranty is based on the legal concepts of contract law. A sales contract contains implied and express warranties that the purchased product will be what it says it is and it will safely function for its intended purpose and use. Breaking these warranties can result in injuries and entitle the injured party to pursue their damages.
Strict liability claims require the product to be proven defective prior to its release or sale. The defect also must have actually caused the injuries or damages. There are three ways that the injured party’s lawyer can prove that a product was defective:
- Failure to warn
In proving that the product was either designed dangerously, improperly manufactured, or necessary warnings were not given, lawyers representing an injured client do not have to prove the fault of the manufacturer, designer or seller. That is why it is called strict liability.
If you believe you have a product liability claim this holiday season, don’t hesitate to contact us. Whether you are in need of a product liability attorney or auto accident lawyer in Philadelphia, we encourage you to call 215-259-5958 for a free consultation today.