Theories of Liability in Defective Product Claims

When an individual purchases a product, he or she is buying the product with a reasonable expectation that the product is safe to use. The unfortunate reality is, however, that oftentimes consumers sustain injuries as a result of a defective product. There are a few theories of liability which are commonly used in cases pertaining to defective products. In this blog, our Long Island product liability attorney will explain the three theories of liability and how they can impact your case.

Breach of Express Warranty

Many products come with a warranty of guarantee – if you find that your product has breached or violated that warranty, you may have grounds for a defective product claim. Warranty and guarantee statements can usually be found on the product’s packaging, in the instruction manual, or in the product’s advertising.

Breach of Implied Warranty

Even if the dangerous product did not come with a warranty, there’s a chance it is covered by an implied warranty – a guarantee that is automatically applied to your product by law. Whether implied warranty applies to your case depends on the product involved and the circumstances of how it was sold.

There are two types of implied warranties:

• Implied warranty of merchantability: A guarantee that the product is fit for its intended purpose
• Implied warranty of fitness for particular purpose: This warranty provides additional guarantee and responsibilities on a retailer who is selling a product that will be used in a particular way

Strict Products Liability

If you take legal action under strict products liability, as the plaintiff you must show not only that the product is defected, but that its defect was the direct and sole cause of your injuries. Because strict products liability is not available for all cases, it’s important that you speak to your attorney to learn more about your legal options.

Our Long Island product liability attorneys serve as personal allies for clients. Contact Laurence A. Silverman, Esq. today at (631) 925-2117 to schedule your case evaluation.