| Product liability is a kind of personal injury that is | | | | Design Defects: In this kind of claim, it is the |
| caused by the use of dangerous and defective | | | | design of the product that makes the product |
| product. In such cases, it is possible for the victim | | | | dangerous or defective and consumers get hurt |
| or the survivors of the victim to recover | | | | by using it as intended. |
| damages under product liability claims. Product | | | | Manufacturing Defects: In this kind of liability, the |
| liability is normally comes under tort law and | | | | product becomes defective, dangerous due to |
| contract law. | | | | manufacturing fault. |
| Product liability law is there to protect the | | | | Marketing Defects: In this kind of liability the harm |
| consumers of defective and dangerous products | | | | is caused due to no adequate warning labels or |
| who suffer injuries as a result of using these | | | | instruction for the consumers. |
| products. The second important feature of | | | | Normally, in all the provinces, there are laws that |
| product liability law is to hold responsible those | | | | allow people injured by defective, dangerous or |
| who put dangerous and defective products into | | | | faulty products to get the compensation for their |
| market. They may include manufactures that | | | | injuries. That includes defects of the product that |
| make these products, retailers and distributors | | | | may be obvious or not-obvious. Victim can |
| who make available these products in the market. | | | | receive the compensation for the damages that |
| It is possible that there are various parties who | | | | may include doctor fees, medical and therapy |
| are liable for product liability as the product goes | | | | expenses, lost wages, out of pocket |
| down the line from the manufacturer to the | | | | expenditures, punitive damages, permanent |
| consumer and it may vary in different | | | | suffering and consortium for a spouse. |
| jurisdictions. | | | | A defective and dangerous product can also result |
| Product liability case can be filed under number of | | | | in death. Death due to a defective and dangerous |
| different circumstances. Some of the important | | | | product can result in a claim for wrongful death. If |
| facts about product liability claim are as follow: | | | | the consumer or user dies due to failure or |
| Negligence: In this type of claim the plaintiff has to | | | | malfunctions of the product, the survivor of the |
| establish that the opposite parties bear the | | | | victim can file a suit for wrongful death caused by |
| responsibility of making the fit product that is free | | | | defective, dangerous or faulty product. In addition |
| of defects or that is not dangerous to use. | | | | to that, the manufacturer will also be liable under |
| Plaintiff also needs to establish that other parties | | | | product liability laws. The survivors of victims who |
| could have detected the defected product if they | | | | file a suit for lawful death can also get the |
| had exercise reasonable care in the designing, | | | | compensation for doctor fees, hospital and |
| manufacturing or inspection process. Plaintiff finally | | | | medical expenses, loss of wages or past as well |
| needs to show that they failed to meet their | | | | as future, loss of life's enjoyment, pain and |
| obligation and plaintiff got hurt by using the | | | | suffering, and a loss of consortium claim for a |
| defected or dangerous product. | | | | spouse. |
| Product defects can be categorized as follow: | | | | |