Product liability is a legal concept that holds manufacturers and sellers responsible for any harm caused by their products. This includes harm caused by defects or deficiencies in the design, manufacturing, or labeling of a product. In the context of car accidents, product liability can come into play if a defect in a car or one of its parts causes an accident. Here are the types and key things to know about product liability in car accidents:
• Strict Product Liability Claims
Strict product liability is a legal doctrine that holds a seller or manufacturer of a product strictly liable for any injuries or damages caused by that product. This means that a person who has been injured by a defective product can hold the seller or manufacturer liable for their injuries. This means that they can be held responsible for harm caused by their products even if they did not intend for the harm to occur or if they took all reasonable precautions to prevent it.
However, to hold a manufacturer or seller liable for harm caused by a defective car or car part, you must prove that the defect was the cause of the accident. This can be a difficult task, as there are often many factors that contribute to a car accident, and it may not be easy to determine exactly what caused the accident. Nonetheless, to get the compensation that you deserve, look for a professional car accident attorney and let them handle the rest as you recuperate from injury.
• Product Liability Based on Breach of Duty of Care
Typically, product liability claims based on negligence allege that the manufacturer or seller of a product acted carelessly in making or selling the product, resulting in injury or damage to the consumer. To prove a product liability claim based on negligence, you (the plaintiff) must show that the manufacturer or seller owed you a duty of care, breached in part by not adhering to industry standards of care and the product’s safety.
Additionally, your proof must demonstrate that the defendant breached this duty by failing to use reasonable care in the design, manufacturing, or marketing of the product. Similarly, you must also show that the defendant’s failure to use reasonable care caused the injury or damage and that you, indeed, suffered actual harm as a result.
• Product Liability Based on Breach of Warranty
In the United States, product liability based on breach of warranty is a type of legal claim that can be brought against a manufacturer or seller of a product if the product fails to meet the standards of quality and performance stated in the warranty. A warranty is a promise made by the manufacturer or seller of a product to the consumer that the product will meet certain standards of quality and performance. If the product fails to meet these standards and causes injury or damage to you (the consumer), then you can legally be able to bring a product liability claim based on breach of warranty.
Overall, product liability in car accidents can be a complex and technical area of law. If you have been involved in a car accident and believe that a defect in the car or one of its parts may have caused the accident, it is important to consult with a qualified attorney who can help you understand your rights and options.