Product Liability

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Product Liability

A product is considered defective, or unreasonably dangerous to the user, when it poses a danger for causing physical harm in excess of what would be expected by the ordinary user. The defective product may be one you purchased for your personal use, one that was supplied to you by someone else, or one that you use at work. Although there is no duty upon the manufacturer to produce a merchandise that is 'accident-proof,' the manufacturer is required to make a merchandise that is free from defective and unreasonably dangerous conditions.

If you have been injured by a dangerous or defective merchandise, you might be able to bring a product liability case against a variety of parties involved in the manufacturing of the merchandise. Defendants in the case may include a manufacturer of component parts and an assembling manufacturer.

To pursue a product liability claim, the defective condition must have caused your injury; in other words, if the defective condition did not exist, the injury would not have occurred. A defective condition may be a legal cause of the personal injury even though the outcome involved the act of another, some natural cause, or some other cause if the defective condition contributes substantially to producing the injury.

It is important that the defective item be preserved and not altered in any way. It is also important to preserve any proof of purchase and the documents which accompanied the product, particularly the instruction booklets or warranties. If there were any witnesses to the accident involving the defective object, their contact information should be saved. It is also important to note from whom and where the merchandise was purchased.


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