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What Does Product Liability Mean to Me?

Manufacturers have legal responsibility for the kind of products or services they provide to the consumer. This legal responsibility is what's referred to as product liability. 

This consumer protection policy protects consumers from the kinds of products or services they purchase. So if a consumer suffers injury deriving from using a particular product, they may be able to seek legal action against the manufacturer. 

In most cases, the plaintiff's lawsuit is based on the following theories:

  • Breach of warranty
  • Negligence
  • Strict liability 

Here's an individual look at each of these theories. 

What Is the Breach of Warranty?

You can sue the seller or manufacturer of a product for failing to fulfill the terms of a promise, guarantee, claim, or any other representation made by the product. However, this theory isn't common in a product liability lawsuit because the plaintiff must prove that they had a contract with the seller or manufacturer.

For this reason, breach of warranty falls under contract law. It only comes in handy if there is a specific agreement between the consumer and the manufacturer.

Breach of warranty further falls into three subcategories:

Express Warranty

Express warranty refers to a situation where a seller or manufacturer states or communicates some guarantee relating to a particular product. For example, the statement 'lose belly fat in 15 days' is an express warranty even if the word 'guarantee' isn't used. 

Implied Warranty of Merchantability

An implied warranty of merchantability is an unspoken or unwritten guarantee that the product is suitable for its intended purpose. For example, foods sold at a grocery store are presumed to be fit for human consumption. Therefore, if you purchase such food and later discover that it's not fit for consumption, it could be a case of breach of the implied warranty of merchantability. 

Implied Warranty of Fitness

An implied warranty of fitness guarantees that a product is fit for a particular, non-ordinary purpose. Here's a hypothetical example of an implied warranty of fitness. 

You walk into a beauty store looking for remedies for acne. You know nothing about acne treatment, so you ask the store attendant to recommend something that would work for you. The store attendant recommends a particular product (let's call it Product X), promising to help get rid of your acne. This recommendation alone is considered an implied warranty of fitness, which is not an offense. 

However, if you develop serious skin problems resulting from using Product X to clear acne a week later, this could breach the implied warranty of fitness. 


Negligence is pretty common in product liability claims. This refers to failure to exercise reasonable care. In product liability claims, negligence could either be something done the wrong way or something not done at all when it should have been. 

When it comes to negligence, you can file lawsuits against anyone within the business or supply chain. This includes but is not limited to:

  • Product designer
  • Product manufacturer
  • Product distributor
  • Product seller 

Strict Product Liability 

In strict product liability, a particular entity or individual is held legally responsible for injuries or damages even if they did not act with negligence or fault. This theory is usually common in scenarios such as animal bites, abnormally dangerous activities, and manufacturing defects. 

However, this article focuses on manufacturing defects; click here to learn more about animal bites settlements

How Strict Product Liability Works

Strict liability involves a situation where a particular product meets all production safety requirements but still harms the consumer. 

For example, the product:

  • was properly manufactured.
  • was safely designed. 
  • had a clear warning. 
  • passed all safety tests and inspections.

However, there's always a chance that such a product could harm the consumer differently. When that happens, the consumer might be able to seek legal action against the manufacturer. 

So how does a consumer prove negligence in a strict product liability claim?

The answer is simple: they don't have to. This is because proving that a particular entity or individual acted negligently, causing the consumer's injury, is almost impossible under such circumstances. Therefore, the law assumes that the product manufacturer still bears responsibility for their products even if they meet all safety requirements.

When you contact Morgan & Morgan for a free case evaluation involving a strict product liability claim, our lawyers will examine your case to determine whether it meets certain requirements. To increase your chances of winning the claim, our attorneys will have to prove that:

  • the product was reasonably dangerous at the time of design, manufacturing, or sale.
  • during design, manufacturing, and sale, the parties didn't expect the product to be altered before reaching the consumer.
  • the consumer of the product was injured.
  • the product caused the injury suffered by the consumer of the product.
  • the product was used in a way that was foreseeable by the manufacturer or seller. 

How Can a Product Liability Lawyer Help You?

It's one thing to have a claim and a totally different thing to prove the other party's negligence. This is the primary reason it's always advisable to work with an attorney.

Still not convinced? Here are more reasons you need a product liability attorney. 

Identifying the Liable Party

Given that product liability laws are complicated, the party you believe is responsible for your injury or that of your beloved one may not necessarily be guilty. Hiring an attorney is crucial in establishing the specific party at fault, making it easier to seek legal action against them. Even though it's possible to sue the product's manufacturer, designer, and retailer, product liability cases vary from one consumer to another. 

Gathering Crucial Evidence

Even if you believe you have a strong case against the defendant, things could be very different from the legal perspective. However, the weight of your evidence determines the case's outcome, and that's one thing a product liability attorney can help you with.

From the theories above, you've seen how tricky it is to prove that the other party is responsible for the damages caused to you or your loved ones. 

A Morgan & Morgan product liability attorney will do whatever needs to be done to collect crucial evidence against the defendant. This includes but is not limited to:

  • interviewing witnesses;
  • gathering crucial documentation such as medical records;
  • proving the defendant's responsibility;
  • proving that the product was indeed defective;
  • Proving that you were using the product correctly and for the intended purpose;

And so much more. 

Avoiding Costly Mistakes

It is possible to make costly mistakes when proving that the defendant is responsible for the damages. Product liability cases have complex rules that must be strictly adhered to if you hope to stand a chance of winning the suit. 

For example, the statute of limitations for a product liability case varies from one state to another. Attorneys are usually aware of the statute of limitations of different states and the estimated time to collect everything they need to file a claim before the deadline. 

Some product liability cases get thrown out, citing the plaintiff's mistakes. For instance, posting about the case on social media or recording a statement with the defendant's representatives without your attorney's approval could ruin your chances of winning the lawsuit. 

While these actions don't seem like 'mistakes' in real life, they are strictly prohibited in the legal world. But, of course, you may not know about it until during litigation when the defendants use such statements or actions against you. 

Negotiating a Reasonable Settlement

This is usually one of the most challenging parts of a personal injury claim. The defendant won't accept liability unless there's overwhelming evidence against them because they want to avoid the burden of partying with hundreds or probably millions of dollars in compensation. 

When the defendant realizes that you don't have an attorney representing you, they'll use this opportunity to either dispute your claim or offer the lowest settlement possible. And, unfortunately, once you sign off the release of liability form, the lawsuit is considered closed. So if you find out months or years later that you were tricked into accepting far less than what you truly deserved, you can't come back and reopen the lawsuit against the defendant. 

Secondly, when negotiating a reasonable settlement, the product liability attorney considers several factors relating to the damages. As a result, they ensure that you get compensated for every damage caused to you or your beloved one. 

Some of the factors these attorneys consider when calculating damages include: 

Medical Expenses
These include medicine and pharmaceutical bills, physical therapy costs, doctor and hospital bills, etc. 

Lost Income
If you didn't go to your usual place of employment due to the injury caused by the defective product, an attorney might help you get the compensation you deserve. The same also applies if you're self-employed and lost revenue or profits due to the injury. 

Disability Costs
This applies if you suffered any form of disability due to the injury caused by the defective product. For example, you may be eligible for compensation if you had to purchase particular medical equipment to support your new condition, such as ambulation. 

Property Damage
Some defective products can cause property damage. For instance, if an electronic cigarette explodes and causes a fire that later burns down part of your house, you may have a case against the manufacturer. 

The above damages are usually referred to as 'economic damages.' However, when fighting for your rights in or out of court, Morgan & Morgan attorneys won't just settle for economic damages only; instead, they'll also consider non-economic damages and include them in the negotiating table where applicable. 

Examples of non-economic damages you may be compensated for in a product liability lawsuit include:

Pain and Suffering
This goes deeper into the emotional and psychological effects of the injury. It covers any pain, suffering, anguish, or forfeiture of enjoyment due to the injury caused by the defective product. 

Loss of Consortium
Compensation for loss of consortium covers any negative effects the injury has had on your relationship with your spouse. For example, you may be eligible for compensation if you can no longer perform certain acts of intimacy with your spouse due to paralysis caused by the defective product.

Permanent Disfigurement
This covers permanent scarring on various parts of the body due to the defective product. 

Contact a Morgan & Morgan Product Liability Attorney 

Now that you know how important it is to work with a product liability attorney, the next step is contacting Morgan & Morgan. We are the largest personal injury law firm in the United States, having recovered over $10 billion in settlements for our clients over the year.

We know how frustrating it is to deal with insurance companies and the mind games involved. We also understand how painful and exhausting this can be to your life, especially after such a horrific injury.

But that shouldn't be the case when you work with a Morgan & Morgan product liability lawyer. So give us a call today at 877-355-4323 and or contact us online for a free case evaluation to begin the hassle-free journey to recovery and total compensation! 

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