Product Liability - Lawyers & Law Firms
The underlying theory driving the development of state product liability laws are contained in the Model Uniform Products Liability Act (MUPLA).
The United States Department of Commerce suggests all states enact the MUPLA to formulate a uniform standard
of care across the nation. Regulation of product liability occurs at the state level, and ordinarily targets
three separate types of product defects - defective
designs, defective manufacturing, and defective marketing techniques. Proof of a defect requires an expert
opinion. Because proof of a defect potentially impacts all similar products, nationwide, individual product
liability lawsuits are among the most complex, expensive, and highly contested cases. For plaintiffs,
retaining qualified product liability lawyers and Law Firms is essential to obtain a favorable verdict.
Product Liability Standards
Liability for personal injury in a product liability lawsuit may be established under several distinctly
different standards: negligence, strict liability, or breach of warranty for fitness for a particular
purpose or use. Negligence in product liability suits is generally consider to be a defect that a ordinary
prudent person would know, or should know, creates an unreasonable risk of harm to others. Strict liability
applies to inherently dangerous products or activities that are usually regulated by statute (i.e. selling a
firearm to a minor - in violation of Brady Laws - automatically creates product liability). Breech of warranty is
based upon an implied warranty of quality that is reasonably expected by consumers (i.e. SUVs should not
rollover unexpectedly in ordinary driving conditions or foreseeable circumstances). Breech of warranty
negates typical defense arguments based on complexity in design engineering, and instead, establishes liability
based upon an unacceptable result.
See also: managing product liability Law Firms and lawyers for maximum plaintiff recoveries in the post tort reform era.
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