“Product Liability” is a legal term used to describe the liability of a manufacturer, distributor and seller for any injury to a buyer caused by a defective product.
It is not the duty of a manufacturer to make a product that is accident-proof. However, the law of product liability is designed to protect the user from injury by a product that is unreasonably dangerous or is manufactured in such a fashion that the danger is hidden or concealed from the buyer.
A manufacturer also has a duty to test and inspect its product. However, a seller also can have the duty to make reasonable inspections or tests for latent or hidden defects in products it sells.
The law surrounding product liability is complex. Generally, it is based on a duty of care. A manufacturer has a duty to design a reasonably safe product. Moreover, when a distributor places an inherently dangerous product (such as anything explosive or prescription medicines) into the channels of commerce, it has a duty to adequately warn of the danger and the duty to instruct as to its proper use.
Another area of product liability is the failure to warn of potential dangers that a user would not have recognized but the manufacturer knew or should have known the product presented a danger even if used properly. Examples we have handled are toxic and damaging fumes from household products that were odorless and the public received no warning they existed.
Product liability law is an area of the law that requires a great deal of experience and specialized knowledge on the part of even the most outstanding attorney.
If you or a loved one have been affected by a product, we urge you to contact Shocklee & Paolino online or call us to set up a FREE NO OBLIGATION consultation to discuss your rights and legal options.