Negligence, Strict Liability, or Breach of Warranty?

Product Liability Overview

 

Most defective product claims fall into one of three broad categories: negligence, strict liability, or breach of warranty.

 

Negligence

 

Any individual involved in the design, manufacture, or distribution of a product has a duty to provide a safe product. If one of these individuals fails to exercise reasonable care, and their action (or inaction) results in injury, he or she can be held liable. Negligence claims under product liability law include design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product.

 

Strict Liability

 

While negligence claims require proof that a party acted unreasonably, strict liability claims hold a manufacturer, supplier, or retailer responsible for injuries caused by a defective product regardless of fault or intent. If a product is determined to be unreasonably dangerous to consumers, and injury results from using the product, the mere fact that the product is defective is sufficient to hold the responsible parties liable in a court of law.

 

Breach of Warranty

 

Breach of warranty essentially means that a party violated their own guarantee. Under product liability law, breach of warranty claims may arise when manufacturers, suppliers, or retailers break either an express or implied promise to consumers that a product is free of defects.

 

Quoted from:

http://www.lawyershop.com/practice-areas/personal-injury/product-liability/

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