From time to time, this blog features product recalls that may affect citizens of Louisiana. This firm sounds the alarm on these products as a public service to our community. This week, no product is highlighted. Instead, an overview of the legal theory behind products liability cases will be explained.
Products liability refers to the manufacturer or seller of a product that is being held responsible for the injuries done to a consumer. A product is expected to meet the ordinary expectations of the consumer. If the product injures the consumer, it has failed its purpose. Therefore, any party involved in the chain of distribution of a product could be held liable in products liability. Product manufacturer, manufacturer of component parts or retail store may all be responsible to the consumer, if a product is defective.
The laws of product liability are set by each state. Louisiana state law determines the parameters of these types of claims. An injured consumer can utilize the legal theories of negligence, strict liability or breach of warranty to bring a case before the state courts.
There are three major types of defects that generally cause injury. The first is a design defect. This type of defect is present in the product from the beginning and makes the product inherently unsafe for use. The second type of defect is manufacturing defect. With this type, the defect occurred during the manufacture or assembly of the product. The final type is marketing defect. In this type, there is a problem with the way the product is labeled, the instructions or there is inadequate safety warnings.