Have you ever heard that even candies have been the subject of recent product recalls in California? Well, I think we should because this issue involves the safety of our children. Besides, we should also protect ourselves against defective and dangerous products.
Each of us consumers has the right to receive only quality products and services in exchange of our hard-earned money. We should also be assured buying commodities that were able to pass the strict standards and proven safe especially for our children’s consumption or use. Thus, if you have been injured or harmed in utilizing a product, then the law allows you to file charges against the liable parties.
But the big question is: Who shall you sue for the damages that you have incurred?
Primarily, such problem is covered by the Products Liability Laws, which tackles the liability of the party or parties involved in the process of manufacturing or distributing any goods or product that caused damages to its consumers. Depending on what stage/s of manufacture chain does the fault or negligence arises the affected victim may sue the following:
- Manufacturers of product components
- Designers and/or assemblers
- Distributors
- Wholesalers
- Retailers
Furthermore, product liability does not only cover those tangible commodities, it stretches out to other intangible ones like naturals (gas), real properties (house and lot, condominium unit) and writings (maps and charts).
There is no federal provision regarding products liability, though, many state jurisdictions pattern their own based on the Model Uniform Products Liability Act (MUPLA) suggested by the U.S. Department of Commerce. Generally, product liability lawsuits may be established based on three conditions:
- Negligence
- Strict Liability
- Infringement of warranty of fitness
In filing charges against the liable party, the victims, off course, must prove that the product they brought is indeed defective and such flaws was the proximate cause of their injuries and damages. Whether the defect emerged on the design, manufacturing or distribution of the product, the victims must assure that will be able to present proper and sufficient evidences.
For that reasons, the injured claimants must hire a competent product liability lawyer to help them in obtaining positive results.