A product liability claim is a legal action taken by an individual or group against a company for a defective product that has caused harm. It is important to understand the different types of product liability claims so that people can take the necessary steps if they have been injured by a faulty product.
Strict Liability Claims
Strict liability claims are based on the fact that manufacturers and sellers are responsible for putting safe products into the market, regardless of whether there was any negligence involved in making or selling the product. This type of claim does not require the plaintiff to prove fault, but rather just prove that an injury occurred. The burden then shifts to the defendant to prove that their product was not defective or that they were not negligent in making or selling it.
Negligence claims involve proving that either the manufacturer, seller, distributor, or retailer acted negligently in making and/or selling a defective product. This means that there must be evidence showing that someone did not use reasonable care when creating or selling a product, resulting in harm to another person. In addition, negligence claims must also show proof of proximate cause—that is, proof of a causal link between the alleged negligence and injury suffered by an individual.
Breach of Warranty Claims
A breach of warranty claim involves proving that either an express warranty (a written guarantee) or an implied warranty (an assurance implied through law) was breached due to a defective product. An express warranty would need to include language indicating what conditions must be met for it to remain valid. For example, if there is language stating “This product will last three years” then this could be considered an express warranty if it fails after three years. On the other hand, implied warranties generally cover all products regardless of whether any specific language is included in their packaging.
Product liability claims can help those who have been injured due to faulty products receive compensation for their losses and damages incurred as a result of their injury. It is important for anyone considering filing a lawsuit for a defective product to understand what type of claim they should pursue and how best to go about doing so—and having knowledge about strict liability claims, negligence claims, and breach of warranty claims can help them do just that. Work with a personal injury lawyer if you need further help filing your product liability claim.
Author information: Emma Sturgis is a freelance writer based out of Boston, MA. She writes most often on health and education. When not writing, she enjoys reading and watching film noir. Say hi on Twitter @EmmaSturgis2.