It is the responsibility of companies to maintain a standard of safety in the products for consumers. However, sometimes products make it to the market that are unsafe. While there are bad products that may not work or live up to expectations, but when it comes to a product liability lawsuit, it must be proven that a product caused harm in order to have a case.
What Is Product Liability?
Derived from Tort Law, as a product or material gets created and put on shelves for consumers, there is a chain of liability. If the negligence of a company leads to the harm of another person, then that manufacturer may be held responsible. There are three basic claims a person can make with a harmful defective product, design defect, manufacturing defect, or inadequate warnings.
Defective Design: When the design of a product is defective, then the whole consumer good is dangerous. This happens when designed products are not adequately tested for safety. While the product may serve the purpose it was created for, it is too dangerous to continue using. From 2006 to 2008, the magnetic toy sets from Mega Brands were recalled because of small pieces which were easily consumed by children. On top of a choking hazard, the magnets were also strong enough that if consumed, the magnets of the opposite charge would attract and cause further internal injuries. One child died, and 27 were injured due to the defective design of the toys....