Other Practice Areas

Products Liability

Each year many children and adults are injured as a result of goods that are defective, unsafe or fail to meet prescribed construction, performance and design standards.

Products Liability Summarized

Products liability is the responsibility of any or all manufacturers of a product to ensure that damage is not caused to consumers by the product in question. Defective products that cause harm to consumers or foreseeable users are the focus of products liability lawsuits.

Many products liability claims are founded on negligence, strict liability or violations of warranty in terms of the condition of goods produced. The Federal Government has not enacted laws on products liability although many states have passed comprehensive products liability laws and regulate them through the Model Uniform Products Liability Act (MUPLA).

Goods are identified as defective during 3 stages of production:

1. design – defects that are present before the product is manufactured
2. manufacture – defects that occur during the construction phase
   
3. marketing – when inaccurate information is given or a failure to notify consumers of hidden dangers