Defective Product Claims- Theories of Liability

If you have used a product that has caused damages then you may be able to file a defective products claim. The claim can be filed against the manufacturer, the retailer that sold the product to you, or any other party that may be associated with that products distribution.
There is a way to understand how this process works and it includes four theories of liability that are common when defective product cases are brought up. When you understand these theories, you will better understand how to peruse this type of case, if you ever need to file them.

Breach of Express Warranty

Warranties are common with products, especially products that offer electrical components within. You may think that you are safe when you purchase a new product that has a warranty option with it but in order to actually activate your warranty, you will first need to file the correct paperwork associated with that product and can be found in the box that the product came in.
An express warranty is a certain type of warranty that will guarantee that what is in writing. You can usually find these guarantees on packaging labels, in instructions, or even on signs or marketing materials that advertise that product. Breach of Implied Warranty
If the product you purchase did not come with an express warranty, or even if it did come with it, the product you purchased may also be covered by an implied warranty. An implied warranty is a warranty that is acknowledged by law with each product you purchase. It basically covers the product you purchased will be warrantied from a defect. When you purchase a product that is brand new with your money, you are purchasing it knowing that it will work and will not cause injury.

Strict Products Liability

With strict product liability, you may not expect this but here’s how it works.Let’s say you purchase a crockpot and then take it home and it causes some type of injury or you have an accident with it such as it catches on fire. The company that makes that crockpot will be held liable only if it is determined that the crockpot caused the fire to begin with. The company will not normally take any actions to prevent an accident from occurring unless it has a reason to do so.

Negligence

Then there is the case of negligence that goes hand in hand with the strict liability case. In order to prove that something is negligent, you may need to show the company representative how distributing this product can be hazardous to consumers. It is important to note that companies are always making improvements to products as they work to promote them and improve their overall performance. Finding fault with a product can cost the company millions of dollars however, it can also save millions of lives. However, if you are injured due to a defective product, it is important to consult with a Personal Injury Lawyer in Brampton.

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