A Negligence
Product Liability claim is usually
based on one or more of the following
- design
defect, manufacturing defect,
and a failure to warn.
In fact, a claim for product
liability may succeed even when
products were used incorrectly
by the consumer, as long as the
incorrect use was foreseeable.
For example, it
is foreseeable that someone
will use a chair as a step
stool but injuries that happen
due to a product defect during
that use might be covered.
However, providing a warning
will often make a defective
product reasonably safe for
its intended use.
Strict Liability
Most Product Liability claims
are based on Strict Liability,
and under the theory of Strict
Liability, product manufacturers
or sellers are held liable even
if they did not act negligently.
In other words, the injured
victim need not prove that the
maker or seller of the product
was negligent. It does not matter
whether the manufacturer was
aware of the defect or not, it
will still be deemed
strictly liable for any injuries
caused by the defect. Fault on the part
of the manufacturer does not
need to be proven.
This allows an injury victim
to recover for his injuries without "climbing
into the motives" of the
product’s maker. Manufacturers
are expected to build the cost
of such injuries into its product
as they are better situated to
cover the loss than individual
victims.
 Breach of Warranty
It is presumed that a product
will work for its intended
purpose, so Breach of Warranty
means that a
product did not fulfill the
designated use expectation. For example, a
car that is in the repair shop
daily may be in breach of its
warranty.
Product Liability cases can assert
claims based on Negligence, Strict
Liability and Breach of Warranty.
By assessing the unique facts of
each case, we can determine which
of these claims are applicable
and of merit.
If you are a victim of a defective
or dangerous product, contact
us at 314-A-LAWYER (252-9937)
for a free consultation.
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a fee unless we collect money for you. 
