Determining Manufacturer Fault In Product Liability

Posted by on August 8, 2016 in Uncategorized | 0 comments

One of the parties that can be held liable in a product liability claim is the manufacturer of the product. They serve as the starting point before the products are sent to the market for purchase by customers. It is the job of the manufacturer to ensure that products are fully tested before they are sold. According to the website of Abel Law Firm, faulty designed or built products can pose a serious hazard to consumers.

Under the Consumer Protection Act, if a product defect resulted to the death, injury, or damage to private property, the relatives of the plaintiff or any representative may push forward a product liability claim. Such actions are designed to compensate for economic or consequential loss. Product liability claims are based on the assumption that the manufacturer owes a duty of care to everyone who will make use of its product. Manufacturers may be held liable for negligence for the following reasons:

  • Failure to exercise care during the manufacturing process, which caused a particular product to be defective
  • Failure to ensure the safety of the product’s design, which may also include the lack of sufficient and careful research
  • Failure to carry out effective tests
  • Failure to provide effective warning of danger
  • Failure to recall a product or issue appropriate warnings amidst apparent danger after the product has been circulated

The liability will not be limited to the manufacturer alone. Even those who supplied components or acted as distributors of the product may also have some accountability if it is proven that they also showed negligence. The problem is that product liability is restricted by certain limitations, the liability of the manufacturer is only limited to where it has failed to take reasonable care, which needs to be proven by the plaintiff. This will not only prove costly but also difficult.

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