When it comes to legal topics, people in Pittsburgh who are unfamiliar with the subject often have questions. This is completely normal and those interested in learning more about a certain legal topic can become generally educated so that they know how a legal topic may affect them. For example, products’ liability isn’t a typical topic discussed around the family dinner table these days. If you or a loved one were injured and you think that a products’ liability claim could affect your family’s future, read on.
Products’ liability are cases brought against a manufacturer or related third party when a person is wrongly injured due to a product’s design, manufacturing or marketing defect. Depending how and why the product led to the injury, you can help determine what category a products’ liability claim falls under. In addition, there are commonly used defenses an accused party will use when facing a products’ liability injury suit.
Oftentimes, the accused will argue that some type of disclaimer or implied warranty shields them from any liability after a person is injured using their product. Depending on the claim made by the injured, this may or may not be a legitimate counter-argument. In many cases, general disclaimers, like written ones that imply the manufacturer retains no liability for the safety or performance of a product, are not valid and will not hold up in court. Also, just because a product has a written warning or disclaimer, does not mean that a party associated with this product cannot be held liable for a failure to warn or other type of marketing defect.
Depending on the exact claim made by the injured, the reality is that the defense could use any number of defenses against the claim. Even if a manufacturer denies liability in connection with personal injury, this doesn’t mean they can’t be found liable.
Consumer injury happens on a more regular basis than one might suspect. Injury from a defective product can impact the rest of their life. However, a legal claim can help the injured victim secure compensation.
Source: FindLaw, “Are product liability disclaimers effective?” Accessed Nov. 21, 2016