Posted in News on October 2, 2017
If you have suffered an injury at the hands of a defective or dangerous product, you’ll want to consider filing a product liability case. Product liability is an area of law that can be complex and confusing, and one of the reasons is that it can be difficult to prove liability on the part of the product. Allow us to explain.
Those who manufacture and sell products are responsible for placing safe products on the market. They are liable for damages, to both the purchaser of the product and to anyone who is reasonably expected to use the product. For example, the manufacturer of a swing set is going to reasonably expect that not only will the family of the purchaser use the swing set, but neighborhood kids and friends would use it as well. But, the manufacturer is only liable when the product is used as it is intended to be used.
Anyone who sells products can be a defendant in a product liability lawsuit. This includes the manufacturer of the product and both the wholesale and retail seller. There are two legal theories you can base a product liability case on: negligence and strict liability.
When using the legal theory of negligence, the plaintiff must show that the defendants were careless in producing or marketing a product and that their negligence led to the injury at hand. Generally, strict liability is used along with negligence.
Strict liability is a legal theory that allows a plaintiff to recover damages without the need to prove the defendant was careless or negligent. If the defendant placed a dangerous or defective product on the market and the defect caused the plaintiff’s injury, that would be enough “proof.” It’s possible the plaintiff would not have to prove the product was defective, as long as it can be shown that the product was used as it was intended to be used.
For more information on product liability cases, it’s best to reach out to an experienced product liability attorney. Our Baltimore product liability lawyers are here for you.
Call Murphy, Falcon & Murphy today.