Product liability is the area of law in which consumers can bring claims against manufacturers and sellers for products that injure people. To sue for product liability, you only need to show 1 of 3 things to hold the manufacturer Liable. You need to show that either they built the product badly- a manufacturing defect they designed the product badly- a design defect or they didn’t warn you about a risk or danger associated with the product- a failure to warn. By digging into the details of what caused harm and how, product liability law provides straightforward ways to establish who is liable for injury.
Product liability is a major area of the law in which makers of defective products can be held liable for injuries even if they are not at fault. BIG LAW is a series of videos that give you the answers you have about the law.
How Does Products Liability Law Protect Consumers?
Product liability law holds manufacturers and retailers of consumer goods accountable when defective or dangerous items harm innocent people. This can include but is not limited to cars, auto parts, children’s toys, household goods and electrical appliances. In this video, Washington DC products liability attorney Bill Lightfoot explains the different things that can go wrong with a consumer good that makes it potentially dangerous. Our personal injury law firm has offices in Washington DC, Greenbelt, Maryland and Fairfax, Virginia. To speak to an attorney about a defective product, call us or fill out the form on our website www.koonz.com.
http://thebusinessprofessor.com/strict-product-liability/ This video discusses strict product liability.
So what does the term 'product liability' actually mean? The term product liability means that a product that's on the market has a defect in it that causes injuries or death to people. And what that means is that, a product isn't either designed or it's incorrectly manufactured. So that when it reaches the market, it is defective and it causes an injury or the death to someone. In California, we use what's called the Reasonable Consumer Expectation Test, which says that, if a product doesn't behave or function like a reasonable consumer would expect it to have worked, then that product has a defect in it. And under law, a plaintiff or the heirs of someone who's died, can bring an action against the manufacturer, seller or distributor of that product. Other cases that involved very technical products might use a different test called the Risk-Utility Test. And in those types of cases where the product is very scientific or there's a lot of technology to it, that a reasonable juror wouldn't understand, the court uses some balancing factors. It's the risk of the product causing harm versus the utility that that product provides to society. And they weigh those things against each other to determine whether or not that product is defective. So, that's generally what we mean in California by a defective product.
Product liability law concerns claims for consumer items that are dangerous or defective, causing injuries. Watch attorney Phil Chupik explain the types of product defects and who is liable for the injuries they cause.
Product liability references the legal notion that companies are responsible for the products they sell to consumers. When a product was being used property and injures a person due to some sort of defect, the manufacture, retailers and others in the commerce stream may be responsible. Product liability can apply to consumer goods, medical devices, automobiles and more.
https://www.InjuryClaimCoach.com Product liability is in a class by itself. If you were injured by a defective product, certain legal concepts like strict liability can make your lawsuit settlement almost automatic. Learn more in this video tutorial.
Product Liability Product Liability- it’s part of the law of torts that covers redress for injuries caused by defective products. The product is defective then there may be some degree of product liability involved. Tort- not a dessert or pastry, that is a private wrong committed by one person against another person or his or her property. A corollary concept of torts and product liability is negligence. Negligence- type of tort that involves either intentional or negligent action that causes injury so intentional or accidental action that causes some sort of injury. Previously, there was a law that stood in the way in terms of protecting customers under product liability law. Caveat Emptor- means let the buyer beware. Meaning when you buy something from a merchant, then you’re responsible to make sure that’s a good product. That is not on the merchant, that is on you, the consumer. There was a very narrow interpretation of the doctrine of privity, which said that consumer could only sue the party that sold them the product. Doctrine of Privity- Let’s say for example you buy a car from a dealership. Let’s say you buy a Ford car from a Ford dealership, and you’re driving down the road and the car’s wheel fell off/blows off, turn into a wall. Something that obviously, a car shouldn’t do. Under the doctrine of Privity, you can only sue the dealer that sold you the car, not Ford that manufactured it. So that also held up early stages of consumers. Warranty- contract in which the seller agrees to the nature of or product. Express warranty- an explicit claim made by the manufacturer to the buyer. Example: If you buy a car and it says we guarantee this car will not break down within the first 50,000 miles and it’s all written down in a contract, you can look it up, see what it is, then you’re good to go. Implied warranty- unwritten and it’s considered a common-sense understanding or rising out of a buyer’s reasonable expectations. And we use these terms so this is how lawyers make their money because nobody really knows any of that means. For example, if I had a car I would generally speaking expect a car to drive normally, straightforward fashion and not have the wheels to fall off, crash, etc. If the car have any of these bad things happen, then I could try to establish some sort of a liability against the manufacturers. Strict Liability- anyone who engages in dangerous activity is liable for damages to others even if they’re really taking time doing things under the utmost care. For example: Let’s say you were in a circus and you’re working with lions and lion handling is an inherently dangerous activity even if you’re extra careful and all of the sudden that lion breaks out of the cage and mauled to a bunch of people, you would still be liable because lion handling is apparently dangerous. The key to strict liability is that the injured person does not need to prove negligence to prevail in court. You don’t need to prove that they’re negligent when they’re handling the lions, you were mauled, therefore they are liable. -Under strict liability, the injured party must only prove that the manufacturer or the business owner had a product that was made in a defective condition that made it unreasonably dangerous to the user. The seller was in the business of selling such products and you didn’t change it from its original manufactured condition. -There are certain costs and benefits associated with the United states very extensive legal system. The legal system in the U.S. really makes it easy for plaintiffs to win large damage awards for product makers and it’s pretty much unique among developed countries. In fact no where else in the world would you find such a favorable environment to the consumer. -The cost side is that it inflicts about 900 billion dollars on society annually or about two and a half percent of our GDP, it’s a huge cost. But there are good things associated with that, dangerous products have been taken off the market, their sales have been restricted or they’ve just been redesigned. The threat of a lawsuit and the high liability of insurance cost means that companies regularly drop high risk products.
WK experts talk about CPSC activities and trends in product liability litigation.
Wolters Kluwer editors Pam Maloney, Susan Lasser, and Joseph Bichl discuss highlights of Consumer Product Safety Commission regulatory and enforcement activities and trends in products liability litigation.
What is Product Liability? How am I protected?
Dr. Tamas Fezer discusses product liability in the European Union. Fezer, Assistant Professor of Law at the University of Debrecen in Hungary, begins by recounting the establishment of product liability in the European Union and defines product and defective products according the EU directive. He also explains the various damages caused by defective products and outlines the defenses available for strict liability law in the EU. Last, Fezer discusses product liability claims and methods of enforcement, product safety regulations, and possible reforms to the EU directive on product liability. Website: https://kelley.iu.edu/faculty-research/centers-institutes/international-business/index.cshtml About IIB: The Institute for International Business expands the ways people think about themselves in the world and how they interact with others from around the world. Through our field work and programs, we bring people and organizations together to create economic opportunities for individuals and communities.
Moll Law Group - What is Products Liability?
Clarion Safety Systems is in a unique position to supply product manufacturers, workplaces and public areas with the most up-to-date, standards compliant safety signs, labels and markings. We follow the American National Standards Institute (ANSI) Z535 standards to help establish a national uniformed system for hazard recognition. ANSI was founded in 1918 where their mission is to enhance global competitiveness of business and quality of life, within the U.S. Attorney and product liability expert, Cal Burnton, explains how warnings and failure to warn is the battleground in product liability lawsuits. Tragic accidents, costly litigation, and damage to corporate reputation can be avoided by implementing effective, standards-compliant warning systems and safety labels on products and in the workplace. Contact Clarion today to learn more about how Clarion can help to meet your duty-to-warn requirements with compliant safety signs and labels: http://www.clarionsafety.com/Contact?utm_source=YT&utm_medium=Vid&utm_content=Battleground&utm_campaign=S-YT-14 Visit us online: https://www.clarionsafety.com/?utm_source=youtube.com&utm_medium=social-organic&utm_content=iso-symbols&utm_campaign=youtube2014 Connect with us: Twitter: https://twitter.com/clarionsafety Linkedin: https://www.linkedin.com/company/clarion-safety-systems Facebook: https://www.facebook.com/clarionsafety Pinterest: https://www.pinterest.com/clarionsafety/ Video Transcript: [00:00:04] One of the most famous product liability cases at subject of debate is the McDonald's coffee case. Everyone knows coffee is hot, however, did people realize that if you get hot coffee that's hotter than the norm on you, the hazard is such that it can cause severe skin injuries. So it wasn't that the hazard wasn't apparent, it was the severity of the harm was not readily apparent. The fact is McDonald's had hundreds of claims of very serious injuries and burns and the allegation against it was that it didn't care about the safety of people using its product. You have to have a good design but that's not going to prevent accidents from happening. Warnings and failure to warn is the battleground in product liability losses. I don't think there's been a product liability suit that's been filed where there wasn't some aspect of warnings at issue. Exhibit one in a products case should always be the safety brochures, the warning labels that accompanied the product. The company gives the user all of the information that the user needs to safely use the product. One, what is a hazard, two, what are the consequences of coming into contact of the hazard, and three, how to avoid the hazard. The fact that someone has misused the product and caused harm, then is not the fault of the company, because the company provided the information necessary to safely use the product. If the warnings and the labels are not adequate, if they're sloppily made, if they're poorly written, if they're grammatically incorrect, if they look like a legal document, it's gonna be much more difficult for the company to win the court case. If it's well done it's a huge step in resolving the case before it even gets to go to trial. The first place a manufacturer should look in trying to put out an effective and adequate warning is the ANSI Z 535 standards. [00:02:04] A-N-S-I, ANSI. It stands for the American National Standards Institute. Now ANSI Z535 is a committee within ANSI that standardizes safety signage. The overall purpose of the ANSI Z535 committee is to establish a national uniform system for hazard recognition. So people can see a sign or label or tag or a barricade tape and automatically understand that's something to do with safety. Without standardization, it would be all over the place. The ANSI Z535 committee is made up of between 40 and 45 people from all different walks of life. So they have the product manufacturers there, you've got the government bodies there, the Consumer Product Safety Commission's represented on the committee. We're using human factors research, we're using court opinions, and we're using the experience of the committee members and practically applying these standards out in the field. [00:02:58] The ANSI Z535 standard will carry weight in a court of law because it's been recognized as the standard that's required for manufacturers in designing warnings and instructions for their products. The jury will be able to assess the fact that the company was aware of the ANSI Z535 standards and took steps to meet them. The attorney for the injured party will point to those standards and will argue that a company which fails to meet the ANSI Z535 standards has acted in a negligent a careless or potentially even reckless manner. If a company wants to successfully defend itself it has to convey to a jury that it is a responsible company and a good corporate citizen. ... [00:04:32] and the damage to your corporate reputation.
A trial attorney noted for her achievements in class action, mass tort and complex litigation, Julie Hussey serves as national counsel in the defense of global pharmaceutical companies, medical device makers, and food and beverage companies. She serves as chair of the life science subgroup of the Product Liability practice. Julie's experience includes defending clients against high-exposure claims involving product liability, consumer fraud, and false and misleading advertisements. She has managed sophisticated litigation related to injury and damage claims against manufacturers of dietary supplements, tires, paint, and automotive and aviation products. In addition, Julie has represented clients in higher education and telecommunications facing fraud and other consumer-based allegations. As National Counsel, she recently successfully defended several consumer fraud/warranty class actions in jurisdictions across the United States that involved the labeling of and benefit statements made regarding consumer products. Julie is a trusted advisor, guiding clients through product recalls, the labeling of food, beverage and nutritional supplements, and FDA dietary regulations. Julie also counsels companies to help minimize risk with respect to California’s Proposition 65 claims, and defends companies facing this litigation. For her work in consumer litigation, Julie was included for recommendation by Legal 500. In her practice, Julie typically handles cases entailing multiple jurisdictions, high-volume claims, expert-driven testimony and the need for efficient case management using electronic discovery and other legal technology tools.
On March 6, 2018, at 2:00 p.m. (ET), The TASA Group, in conjunction with product safety expert Gerald Goldhaber, presented a free, one-hour interactive webinar presentation, Litigating a Failure to Warn Claim in Product Liability/Personal Injury Cases, for all legal professionals. During this presentation, Gerald Goldhaber discussed: -Legal vs. practical definition of a warning -When a warning is needed -Legal requirements of a warning -Process of creating/evaluating a warning -Samples of effective warnings and wacky warnings -Different perspectives on litigating a failure to warn claim About The Presenter: Dr. Gerald M. Goldhaber has been the nation’s leading safety warnings and communications expert for over 39 years. Dr. Goldhaber has been the subject of dozens of interviews by leading networks, newspapers, and magazines and has designed warnings for dozens of consumer and industrial products. He is also the instructor of the official digital course of warnings and safety communications for the National Association of Continuing Legal Education (NACLE). Dr. Goldhaber has testified and consulted for lawyers representing corporations or injured parties in over 1,000 lawsuits since 1978 and is currently CNN’s chief analyst for issues dealing with warnings or safety communications. His 11th book, to be published later this year is titled "MURDER, INCORPORATED: HOW UNREGULATED INDUSTRY KILLS OR INJURES THOUSANDS OF AMERICANS EVERY YEAR...AND WHAT YOU CAN DO ABOUT IT."
Get the full story and learn five lessons about surviving a products liability lawsuit from one electronics manufacturer who fought back.
http://www.lawmed.com/cases_we_handle/defective_product/index.php What is product liability? When a person is injured while using a product—any type of product—a good attorney will want to investigate whether there was a problem in the way the product was designed or manufactured. If so, then the injury might have been prevented if not for the defect. If you sustained a serious injury due to a product that malfunctioned or broke, you may want to consult with an attorney. A product liability lawyer will investigate the facts of the case, find out if other people had also been injured by the same product, and figure out whether your injuries were the result of a defect in the product. In this video, HensonFuerst partner David Henson answers basic questions about product liability and defective products. *** Principal Office of Henson & Fuerst, PA: 2501 Blue Ridge Road, Raleigh, NC 27607 *** If you have additional questions about product liability injuries, feel free to visit our website at http://www.lawmed.com/, and don't forget to look at some of our other videos at http://www.youtube.com/hensonfuerst/. What is product liability? Hi, this is DH with HF Attorneys in North Carolina. While my wife, Carma Henson, and I were getting dressed this morning, her curling iron started sparking and smoking. With catlike reflexes, she quickly unplugged it, dispersed the smoke, and averted all sorts of bad things that could have happened us or to our house. Then, like the well-trained lawyer she is, Carma proceeded to rant that the curling iron was brand new, and that she wanted her money back for that piece of junk. I, on the other hand started thinking about what could have happened had it injured someone in our family, or if it had burned down our down. Then, I thought, let's use this piece of junk to educate folks about Product Liability law and what it is. So....here goes: A defective product is any product that a manufacturer or distributor knew, or should have known, would cause injury in its normal course of use. A claim usually results from either a design defect or a manufacturing defect. Design defects typically focus on the creation phase of the product: • how it was thought up and developed • how it was intended to be constructed and manufactured • whether the designers considered the likely uses of the product • how the designers considered potential failures of the product. Claims relating to the manufacturing phase of the process may relate to: • inadequate quality control • use of substandard materials in construction • assembly of materials in a manner inconsistent with design specifications • how the product was distributed. So, in the context of the burned curling iron, we don't really know what caused it to catch fire and start smoking. Had the injury or damage been severe enough, we could hire an accident reconstruction engineer to take it apart and figure out what happened to it. These independent experts are unbiased scientists who can figure out whether any design, manufacturing, or structural defects occurred in the manufacture of the product. One of my favorite tasks as a lawyer is to go to the offices of accident reconstruction engineers while they are testing defective products. There is nothing quite so entertaining as watching engineers try to make curling irons, toasters, or other defective products catch fire, fail, or break because of shoddy workmanship, construction, or design. Another thing that we do in defective products cases is check whether other people were also injured while using the product. Defects tend to occur more than once, so we start by locating other instances of similar injuries in similar circumstances so that we can build upon the case that we are trying to piece together. In the end, products liability cases are both interesting and challenging. We enjoy knowing that we are helping to improve the safety of products sold in our communities, and it is gratifying to work for clients who need our help in rebuilding their lives. If you have additional questions regarding product liability cases, go to our website at www.lawmed.com . As for me, well...it looks like my job is to try and get our money back for this piece of junk.
Beasley Allen Report host Gibson Vance welcomes his law partner at Beasley Allen, Graham Esdale, to discuss product liability law. Graham began his law practice with the Jefferson County District Attorney's office, working cases involving child and sexual abuse and homicide cases. He says whether working with the victims of violent crime, or practicing product liability law, you are working with people in crisis. In many product liability cases, people are seriously injured or killed, and Graham says it means a lot to him to be able to help people in these difficult circumstances. Product liability cases most often deal with manufacturers who create a defective or dangerous product, and sometimes with dealers and retailers who sell the defective product. Attorneys investigate the circumstances surrounding how a person is injured by a defective product to determine who is at fault for the condition of the product. Many times, injuries on the job or in a single-vehicle accident may be traced back to a defective product.