Product Liability Attorney in Omaha, Nebraska
Product liability refers to the legal responsibility of a manufacturer or seller of a product for any harm that the product causes to an individual. This liability can arise from a variety of sources, including defects in the design or manufacture of the product, inadequate warnings or instructions, or failure to conform to express or implied warranties.
In most cases, product liability claims are based on the theory of negligence. In order to succeed in a negligence claim, the plaintiff must show that the defendant had a duty to exercise reasonable care in the design, manufacture, or sale of the product, that the defendant breached that duty, and that the plaintiff was injured as a result of the defendant's breach of that duty.
One of the most common types of product liability claims is for defective design. This type of claim arises when the product is inherently dangerous or flawed, and the defect causes harm to the user. For example, if a car is designed with a faulty steering system that causes the driver to lose control and crash, the car manufacturer may be liable for any injuries or deaths that result.
Another type of product liability claim is for defective manufacture. This type of claim arises when the product is safe when it leaves the manufacturer's control, but is somehow damaged or altered during the manufacturing process, which causes it to be unsafe. For example, if a batch of bottled water becomes contaminated with bacteria during the bottling process, the bottled water manufacturer may be liable for any illnesses that result from consuming the contaminated water.
In addition to design and manufacturing defects, product liability claims can also be based on inadequate warnings or instructions. In these cases, the product may be safe if used properly, but the lack of adequate warnings or instructions makes it dangerous. For example, if a hair dryer is sold without any warning about the risk of electrocution if it is used near water, the manufacturer may be liable if a consumer is electrocuted while using the hair dryer in the bath.
Finally, product liability claims can be based on a failure to conform to express or implied warranties. Express warranties are specific promises made by the manufacturer or seller about the product, such as a guarantee that the product will be free from defects for a certain period of time. Implied warranties, on the other hand, are not explicitly stated, but are implied by law. For example, the implied warranty of merchantability means that the product is fit for its intended purpose. If a product fails to meet the standards of an express or implied warranty, the manufacturer or seller may be liable for any injuries or damages that result.
Product liability claims can be brought by anyone who has been injured by a defective product, including the user of the product, anyone who was injured while using the product, and anyone who was injured by the product when it was used as intended. In some cases, family members of the person who was injured may also be able to bring a claim, such as a spouse who lost the support of their partner, or a child who lost a parent.
If a product liability claim is successful, the injured party may be entitled to a variety of damages, including medical expenses, lost wages, pain and suffering, and even punitive damages in cases of particularly egregious conduct by the defendant.
Product liability is an important area of law that serves to protect consumers from dangerous and defective products. It holds manufacturers and sellers accountable for the products they produce and sell, and ensures that they are held responsible for any harm that their products cause. If you have been injured from a defective product, give Joseph D Hall & Associates a call today!
What is Strict Liability
Product Liability is generally considered “Strict Liability”. Strict liability is a legal concept that holds an individual or entity responsible for their actions or inactions, regardless of fault or intent. This means that even if the individual or entity did not intend to cause harm or did not act negligently, they can still be held liable for any damages or injuries that result from their actions.
Strict liability is often used in cases involving dangerous or hazardous activities, such as operating a nuclear power plant or manufacturing and distributing potentially harmful products. In these cases, the harm caused by the activity or product is considered to be the result of the inherent risks associated with the activity or product, rather than any specific act or omission on the part of the individual or entity.
For example, if a company manufactures and sells a medication that is later found to have dangerous side effects, the company can be held strictly liable for any injuries or illnesses that result from the use of the medication, even if the company did not intend for the medication to cause harm. Similarly, if a person is injured by a wild animal that they were keeping as a pet, the owner of the animal can be held strictly liable for the injury, regardless of whether they took reasonable precautions to prevent the injury from occurring.
In some cases, strict liability may also be imposed on individuals or entities for certain types of conduct that is deemed to be inherently dangerous or reckless, such as engaging in a high-speed car chase or illegally dumping toxic waste. In these situations, the individual or entity can be held strictly liable for any damages or injuries that result from their conduct, even if they did not intend to cause harm.
Strict liability can also be imposed on individuals or entities for certain statutory offenses, such as selling alcohol to minors or failing to properly label a hazardous substance. In these cases, the individual or entity can be held strictly liable for violating the law, regardless of whether they knew that their actions were illegal or whether they intended to break the law.
One of the key advantages of strict liability is that it allows for the swift and efficient resolution of disputes involving dangerous activities or products. Since strict liability does not require the plaintiff to prove fault or intent on the part of the defendant, it can be easier for the plaintiff to establish liability and obtain compensation for their injuries or damages.
Additionally, strict liability can serve as a deterrent to individuals or entities engaging in dangerous activities or distributing potentially harmful products. Since they can be held strictly liable for any harm that results from their actions, they are more likely to take steps to prevent accidents or injuries from occurring.
In summary, strict liability is a legal concept that holds individuals or entities responsible for their actions or inactions, regardless of fault or intent. This can be beneficial in cases involving dangerous activities or hazardous products, as it allows for the swift and efficient resolution of disputes and can serve as a deterrent to dangerous behavior. If you have any questions, give us a call today!