Strict Product Liability

Strict Product liability refers to the liabilities of parties through the manufacturing chain of a product for damages that are caused as a result of using the product. For example, the top of the chain would be a component parts manufacturer, then an assembling division, followed by a wholesale division, and finally a retail sales outlet. Defective products that harm consumers may become the focus of a liability suit. The products that are most often found to be damaged are considered to be those that are personal physical property

Have you or a loved one been injured and need a lawyer experienced in Strict Product Liability? Contact the law firm of Mittelberg and Nicosia to speak with a Strict Product Liability lawyer today.

In order to pursue a liability case, the product most be proven to be defective. The three kinds of defects that develop in the product chain are:

Defective designs – These defects occur before the product is sent to be manufactured
Defects in manufacturing – The happen through the product development or production phase
Marketing defects – May be due to a failure in providing correct instructions or warnings of the latent dangers related to the product.

The basis for a product liability claim can be for strict liability, negligence or diversion from implied warranties. There are statutes in most states that define the specific strict product liability laws, and is defined at the state level.

Products liability law falls under the Uniform Commercial Code, article 2 of the UCC which handles the sales of goods. Within the UCC, the sections on product liability are expressed and implied warranties regarding merchantability for the sales of goods.