Product Liability

Product Liability Lawsuits: Duty Of Care

Duty of care occurs when someone is legally bound to apply a logical standard of care while carrying out an act that could potentially be detrimental to others. In other words, people are expected to act in relation to others and the public with a level of consideration and caution that any one rational person placed in their position would exercise. If a person's behavior does not meet these expectations, their actions are deemed negligent. Any harm caused by this conduct is grounds for legal action to be taken based on this negligence.

When a manufacturer breaches their duty of care to a consumer, and an injury results, they can be held liable for losses suffered by the injured party. If you have been injured by a defective product, our product liability attorneys can determine whether the manufacturer breached their duty of care to you as a consumer. To speak with a defective product lawyer about your claim, fill out our free case review form today.

Example of Duty of Care

A prime example of duty of care is the protocol that exists between frozen food makers and consumers. Case in point; consider a company that specializes in frozen chicken nuggets. It is their responsibility to maintain a level of quality that ensures the safety of all those who eat their product. If people consuming this chicken suddenly begin falling ill, an investigation will be launched. Then, the chicken may be recalled from store shelves due to salmonella contamination. The company has breached its duty of care as a result of negligence caused by poor inspection standards, and they are now subject to a product liability lawsuit.

Product Liability Lawsuits

A fundamental concept in defective product law, a duty of care between the manufacturer and consumer must be demonstrated for an injured plaintiff to have a valid case. Additionally, the plaintiff must prove that the defendant breached this duty of care. For instance, the manufacturer must have acted or failed to act in a way that breached the implied regard manufacturers have for the safety of their customers. Lastly, to have a successful product liability lawsuit, the plaintiff must prove that their injuries resulted from this breach.

Although product safety protocols continue to become stricter, a small human error or oversight can result in a product defect that can injure consumers and possibly prompt a product recall. Manufacturers, suppliers and designers of defective or recalled products can be held liable for any resulting injures and may be ordered, through a product liability lawsuit, to compensate consumers for their monetary and non-monetary losses. If you or a loved one was harmed by a defective product, it is possible that the manufacturer breached their duty of care to you as a consumer. To find out if you have a valid case, fill out our free case review form to have your claim evaluated by a product liability attorney.