PRODUCTS LIABILITY

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, the assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer of a product or someone to whom the product was loaned, given, etc. can be subjects of product liability suits.
Depending on the jurisdiction, product liability claims can be based on negligence, strict liability, or breach of warranty of fitness. In any jurisdiction, one must prove that the product is defective. There are three types of product defects: (1) design defects, (2) manufacturing defects, and (3) defects in marketing. Design defects are inherent defects. They exist before the product is manufactured. While the product may serve its intended purpose well, it can be unreasonably dangerous to use due to a design defect. Manufacturing defects occur during the construction or production of the item. Generally only a few out of many products of the same type are flawed in this type of case. Defects in marketing deal with improper instructions and/or failures to warn consumers of latent dangers in the product.
Products liability is generally considered to be a “strict liability” wrong. Strict liability wrongs do not depend on the degree of carefulness by the defendant. In other words, a defendant is liable when it is shown that the product is defective. It is of no difference that product manufacturers exercise due care. If there is a defect in the product that causes harm, liability will be assessed.
Finch McCranie, LLP has a long history of successful results in products liability cases. Many and various types of products have been subject of lawsuits successfully brought by Finch McCranie, LLP. Included in these are gas containers, automobile air bags, automobile seatbelts, automobiles, defective tires, defective hunter’s treestands, defective air purifiers, and defective component parts in aircraft. These are only a sampling of the defective products which this firm has handled.