Products Liability Articles

Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Damages Awarded in Products Liability Lawsuits

Courts award damages to pay back a person for loss or harm resulting from injuries caused by a defective product. The trier of fact (the jury in a jury trial or the judge in a bench trial) decides the amount of damages. The trier of fact has broad discretion in setting the amount of damages. The following are some of the factors considered in making an award: the injury, the need for future treatment, any disability, pain and suffering, age, occupation, and pre-injury health. A person's life expectancy is also considered if the injury is permanent.

Frequently Asked Questions About Products Liability Claims

A defective product is a product that has a design defect or a manufacturing defect. If a product lacks an adequate warning of any known dangers associated with its use, the product is also considered to be defective.

Recovery in Strict Products Liability for Product Damage Alone

Products liability is the area of the law that deals with injuries and property damage caused by defective products. A product is considered defective if it has a design or manufacturing flaw. If the product lacks proper instructions or lacks sufficient warnings about any dangers associated with its use, a product can also be considered defective. This article discusses recovery for defective products when the only damage was to the product itself. There were no personal injuries or damages to other property.

Medical Causation in Drug Products Liability Cases

What is a drug products liability case?

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