Theories of Liability in Defective Product Claims
Posted on Nov 7, 2016 8:57am PST
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.