There
are millions of products manufactured and used in the United States
every day. There are also millions of products manufactured outside the
United States but shipped to and used within the United States every
day. Almost everything that we use on a daily basis is a “product”
normally manufactured by a major corporation. Some obvious examples
would be toys, lawn mowers, drills, saws, household appliances, cars,
trucks, motorcycles, ATVs, SUVs, jet skis, boats, machinery, and
prescription drugs.
These products usually must comply with state and federal laws, rules,
and regulations regarding the manufacturing of the product, labeling,
warnings, and guidelines for general use by the public. Unfortunately,
manufacturers and major corporations do not always follow the rules.
Instead, corporations cut corners to save millions of dollars in
corporate profits. As a result hundreds of thousands of injuries occur
each year to unsuspecting individuals, including children, because of
“defective products.”
What is a “defective product?” A “defective product” is one that does
not comply with the applicable state and federal rules and regulations
for the manufacturing of the product, which in turn, causes that product
to have a “defect” that results in injury to the consumer or general
public while being used for its intended purpose.
Who has potential liability for “defective products?”
(1) The “manufacturer” of the product, can have liability on the
following theories of liability:
*manufacturing or product defect
*design defect
*failure to warn of known dangers in the product
*inadequate warnings
*inadequate labeling
*negligent and/or false advertisement
(2) A “seller” of the product can normally be held liable on the
following theories of liability:
*breach of contract in the sale of the defective product
*breach of warranty of merchantability
*breach of warranty that the product is fit for its particular purpose
*failure to warn of known dangers of the product
(3) A “supplier” of the product components, parts, and accessories, can
be held liable on the following theories of liability:
*manufacturing or product defect
*design defect
*failure to warn of known dangers in the product
*inadequate warnings
*inadequate labeling
*negligent and/or false advertisement
(4) A “repairer” of products can be held liable on the following
theories of liability:
*failure to properly repair the product
*failure to use approved parts for the repair of products
*failure to follow guidelines for the repair of products
*inadequate training of workers to repair products
The Law Firm of Gary W. Starnes is experienced in “product liability”
cases and is not
afraid to take on large companies and corporations for injuries caused
to the public at
large. Please call us for a free consultation to discuss your potential
“product liability”
case.
