The law requires
that a product meet the
ordinary expectations of the
consumer.
This means
that the manufacturer or seller
of a product is expected to supply
products that are not defective
or harmful to consumers when
used in a typical and expected
manner.
When a product has a defect
or poses an unexpected risk of
harm, the product cannot be said
to meet the ordinary expectations
of the consumer. If a person
is injured by a product, the
injured person can seek compensation
for the damage caused to him
or her as a result of the defective
product.
For example, a
knife is not defective if it
cuts someone. Knives are, by
their nature, sharp, and cuts
are expected if they are not
handled carefully. However, if
a knife explodes in the cold,
it would clearly be defective.
Likewise, a drug that causes
an unexpected consequence could
be defective, as does certain
Magnetic Resonance Imaging (MRI)
dye.
Liability
for a product defect could
rest with any party in the
product's chain of distribution such as the manufacturer, wholesalers,
a retail seller of the product
or an assembler/installer.
Typically, Product Liability
claims are based on "negligence," "strict
liability," or "breach
of warranty."
Let us help you assess if you
have a product liability claim.
Contact The Farris Law Firm at
314-A-LAWYER (252-9937) today
for a free consultation.
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