Product Liability Law is a specialized
field which requires years of training and
understanding in order to present a successful
case. Most Manufacturers have vast resources
to defend their products and will spare no
expense in defeating a consumer who has been
injured by their products. Our Firm has successfully
presented hundreds of Products Liability cases
involving everything from automobiles to machinery
and household items. For a Free Professional
consultation on your claim Please contact us
immediately.
Products Liability Law Overview:
Products liability
is the liability of any or all manufacturers
of any product for damage caused by
that product. Products containing defects
that cause harm to a consumer of the
product, are the subjects of products
liability suits.
Products liability
claims are usually based on negligence
or strict liability. Many
states have enacted comprehensive products
liability statutes. There is no federal
products liability law. In any jurisdiction
one must prove that the product is
defective.
There are three
types of product defects that incur
liability in manufacturers and suppliers:
1) design defects exist
before the product is manufactured
2) manufacturing defects exist during
construction and production phases
3) defects in marketing exist when improper
details have been given to warn consumer of dangers in the product
Products Liability is generally considered
a strict liability offense. Liability of
a defendant in a products liability case
is determined when it is shown that the
product is defective.
Products liability law is derived mainly from Torts Law, but is found mainly
in common law (state judge-made law) and in the Uniform Commercial Code.
Article 2 of the UCC deals with the sales of goods and it has been adopted
by most states.
The most important
products liability sections are:
2-314 of the
Uniform Commercial Code:
Implied Warranty: Merchantability; Usage of Trade.
(1) Unless excluded or modified (Section 2-316), a warranty that the goods
shall be merchantable is implied in a contract for their sale if the seller
is a merchant with respect to goods of that kind. Under this section the
serving for value of food or drink to be consumed either on the premises
or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
" (a) pass without objection in the trade under the contract description; and
" (b) in the case of fungible goods, are of fair average quality within the description;
and
" (c) are fit for the ordinary purposes for which such goods are used; and
" (d) run, within the variations permitted by the agreement, of even kind, quality
and quantity within each unit and among all units involved; and
" (e) are adequately contained, packaged, and labeled as the agreement may require;
and
" (f) conform to the promise or affirmations of fact made on the container or
label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties
may arise from course of dealing or usage of trade.
2-315 of the Uniform Commercial Code:
Implied Warranty: Fitness for Particular Purpose.
Where the seller at the time of contracting
has reason to know any particular purpose
for which the goods are required and that
the buyer is relying on the seller's skill
or judgment to select or furnish suitable
goods, there is unless excluded or modified
under the next section an implied warranty
that the goods shall be fit for such purpose.
If
you would like a free consultation about
your accident and injury claim, call
us toll-free at 1-800-660-2264, or email
us at lawyers@nycaccident.com. We’re
ready when you are.
