Understanding Theories of Liability in Defective Product Claims
Despite a considerable amount of government oversight, and a myriad of state and federal laws aimed at preventing harmful products from making it onto the marketplace, defective products do sometimes make it into the hands of consumers. When a defective product causes injury, the victim may be entitled to compensation. Contact Harris Lowry Manton LLP, product liability lawyer in Atlanta, to discuss the specifics of your case if you were injured by a defective product.
In order to know if a defective product is the cause of your injury, it’s important to understand the different types of warranties and liabilities. There are a number of theories of liability that may be used to prove a product was defective.
Theories of Liability in Defective Product Claims
- Breach of Express Warranty – An express warranty is a written warrant or guarantee. This type of warranty could be found in the instructions for the product, on the packaging or even in the advertising for the product. If the express warranty is breached or violated, it may form the basis for a defective product claim.
- Breach of Implied Warranty – An implied warranty is one that exists because the law imposes the warranty on the product, regardless of whether the manufacturer includes an express warranty or not. Implied warranties typically come in one of two forms:
- Implied warranty of merchantability – In essence, this warranty requires the product to be able to be used for the purpose for which it was intended. A baby swing, for example, should keep baby secure while swinging.
- Implied warranty of fitness for a particular purpose – This warranty applies when the seller is aware that the buyer intends to use the product for a specific purpose. For example, if you ask a seller whether a baby swing will hold your baby and the seller ensures you it will, only to have it break while baby is swinging, that might be a breach of the implied warranty of fitness for a particular purpose.
- Strict Products Liability – Strict products liability means that an injured person is not required to prove wrongful conduct on the part of the defendant. All that is required is proof that the product caused injury to the victim.
- Negligence – Negligence requires a victim to prove a breach of the “duty of care” the defendant owed to the victim. The “duty of care” requires the defendant to do everything reasonably possible to prevent injury from befalling those who use the product.
- Intentional Misrepresentation or Fraud – Unfortunately, in some cases, a defendant knew of the defect in a product and put the product in the chain of distribution anyway. When a defect is concealed, it may form the basis of a defective product lawsuit because it is considered intentional misrepresentation or fraud.
If you have been injured by a defective product, contact a product liability lawyer in Atlanta to discuss your legal rights. Although the law may entitle a victim to compensation in a product liability lawsuit, the law also limits the time within which one must pursue that compensation, so don’t delay.
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Harris Lowry Manton LLP is a dedicated full-service trial law firm. Our Georgia personal injury lawyers fight for the injured throughout every step of the legal process. We explain how litigation works from the moment you come into one of our offices in Atlanta or Savannah until your case is solved. Our legal team has achieved remarkable success because we leave no stone unturned when investigating our client’ claims and what should have been done to prevent their injuries. We file claims against all responsible parties — not just the most obvious one.
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