Friday, November 23, 2007

What is Strict Product Liability?

Strict Product liability is indicating to the liability of all the parties among the procession of manufacturing a product for damages caused by the product This includes the manufacturer of the small piece, the assembler of the product the wholesaler and the retail store owner. Should a product have a defect, which can cause harm to the consumer of the product or any one borrowing the product receiving the product as a gift, etc. are all defendants of the product's liability suit.

While products are usually considered to be physical personal property, products liability has extended that definition to include intangibles like gas, natural like pets, real estate like your house, and writing like books or navigational charts. California laws require all manufactures of products to label them with a warning if they are painted with lead paint or any other harmful elements.

In any court of law, one must be able to prove the product to be defective. There are three types of product defects, which incur liability law suits. These are design defects, manufacturing defects, and defects in marketing.

Design defects are inbuilt. They exist in the design therefore are there before it is manufactured. The item might perform the job it was designed to do fairly well, but it can be unduly dangerous to use due to a design flaw.

Manufacturing defects happen during the making or the mass production of the product In this case not all of the products are defective only a few.

Defects in marketing have to do with the improper instructions and failures to warn consumer of latent dangers in the product.

Product liability is usually judged as a strict liability offense. Strict liability wrongs are not concerned with how careful the defendant was. Converted to products liability terms, a defendant is liable when it is revealed that the product is defective. It is immaterial the great care exercised by the manufacturer or supplier took, if the product is defective to the point of causing harm, they will still be liable for it. An experienced attorney can help you through the difficult process and assist you in receiving compensation for the injuries you have suffered