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Different liability types for a product liability claim

| Mar 19, 2018 | blog

When products malfunction and cause harm, they can have a lasting effect on the injured party, both physically and mentally. Thankfully, there are measures in place to hold the responsible party accountable for the defective products

In order to argue a claim successfully, it is important to understand the various aspects of the process. The type of liability is critical to determining how to argue a case for the defective product, and there are a few different liability types to consider.

Strict liability

When producing products, manufacturers have a strict set of guidelines to follow. When manufacturers do not adhere to these regulations, it can leave room for defects or damage. Similarly, distributors and sellers must handle products properly and are supposed to ensure that the products they sell are in good shape. When producers do not follow any of these aspects, it can lead to dangerous situations. This is why, by the law, the manufacturers and distributors are strictly liable for defective products. 

Tortious misrepresentation

If a seller or manufacturer of a product makes a claim about the function of it that turns out to be false, it is a tortious misrepresentation. Parties must be very careful in this regard, especially seeing as they do not have to make the claim directly. If the seller or manufacturer does not fact-check and correct the claim, they may still be liable for the false statement.

Breach of warranty

Consumers expect the products to last and function properly for at least the term of the warranty, and when the product does not meet that expectation, it can decrease the value of the product. Whether a warranty is written or implied, if the product does not live up to it, the manufacturer may be liable for breach of warranty. 

Understanding these types of liability can aid claimants in building successful claims. Those who are considering creating a case should consult with an attorney to determine the best options.

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