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Every year consumers suffer serious physical injuries due to defective, dangerous and unsafe products.
- What is Product Liability?
- Product liability is the responsibility of a manufacturer to ensure that consumers are not injured by products sold with defects caused either by a flaw in design, in construction or a failure to provide adequate instructions and warnings regarding proper use.
- Products frequently covered by this area of law include medications, medical devices, implants and equipment, although virtually any consumer product which is defective and causes injury is susceptible to a valid claim for damages.
- Do you have a case?
- The user of a defective or dangerous product can hold manufacturers, distributors and retailers liable for their injuries. In many cases the injured person may not need to prove negligence because product liability is frequently a question of strict liability – if the product is defective, the defect caused an injury and the product was used as it was meant to be used and not substantially altered, the victim may sue for compensation.
- Keep the defective product
- In cases of product liability it is important to preserve the product and if possible any documentation relating to its purchase. However, in the case of implanted medical devices the medical records will appropriately identify the product in question.
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