The United States is a consumer nation, but not every product is made with the same quality and specification. Sometimes, components of a product fail and sometimes the entire product itself does not perform as expected. These fails lead to thousands of injuries every year in the United States alone. Product liability acts as an avenue for consumers to recover damages for their injuries and a motivating tool for companies to ensure their products are safe for the public.
Since there is no federal product liability law each state has its own laws dealing with product liability. Missouri’s statute allows for a suit to be brought against a company regardless of where they are situation in the chain of commerce. This applies as long as they transferred the product in the course of their business, it was used as anticipated, and the plaintiff was injured due to lack of adequate warning or a defective product.
There are many types of defects than can be the basis of a product liability claim. Auto defects are likely to involve either a manufacturing defect or a design defect. A manufacturing defect is one where the product does not conform to the specifications set by manufacturer for that product. This can mean anything from a loose bolt or screw to a product being constructed improperly. A design defect is a flaw in the actual design or specifications of a product. This can mean anything from using a battery that is prone to overheat and catch fire to creating a product that is just generally unsafe.
While product liability can be a complex matter, it is important for those harmed in such situations to aggressively seek justice. An experienced attorney can help fight for the rights of the injured parties in hopes of a just end to the pain caused.
Source: FindLaw, “What is Product Liability,” accessed August 18, 2014
Source: FindLaw, “What is Product Liability,” accessed August 18, 2014