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What must an injured party prove to prevail in a legal action for a defective product based on the issue of negligence?
Wiki User
∙ 12y ago
There are entire textbooks written on these subects but basically: That the company involved designed, manufactured, or sold the product in a negligent or deficient manner and that they KNEW or SHOULD HAVE KNOWN it, and that the product DID cause injury to the Plaintiff because of its defective design or manufacture.
Wiki User
∙ 12y ago
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What is the attorneys product liability?
Attorney product liability is any attorney who can help in a case where a consumer has been injured or harmed otherwise by a defective product.
What historical antecedent to consumer protection occurred in the 1950s?
a significant breakthrough occurred with the establishment of the product-liability concept, whereby a plaintiff did not have to prove negligence but only had to prove that a defective product caused an injury
What types of products does the Prevail company make?
Prevail company make protective underwear, adult briefs. But Lexmark has a product called Lexmark Prevail Pro705. Samsung also has product called Samsung Galaxy Prevail Android.
What is the legal basis for most of the current lawsuits Negligence Product liability or breach of contract?
negligence
What is consumer liability?
Consumer liability, also known as product liability or strict product liability, is an area of civil law that provides remedies for consumers who are injured by a defective product. Under consumer liability, the company, supplier, and/or vendor of the defective product can be held liable for injuries caused to a consumer because of the defect. Consumer liability primarily deals with warranties, manufacturing and design defects, and issues related to inadequate warnings.
Why was you refused a refund or exchange for a defective product?
arthurcschipper
What is the benefit of purchasing a product with a warranty?
You'll get a repair or replacement if the product is damaged or defective
What is a company product negiligence?
The company product negligence refers to the failure of the company to take appropriate action about their products.
What is the difference betwen a guarantee and warranty?
warranty is: if product is found defective then the product will be repaired within given time period of the warranty. Guarranty is: if product is found defective then the product will be replace with new one within given time period by the guarrantor.
Defective Black and Decker product who do i contact?
black and decker.com
How do you contact someone about a defective product made by halex?
Look on/in the product packaging for warranty and contact information.
Recovery for Injuries Caused by Dangerous Products?
Recovering compensation for an injury resulting from a defective or dangerous product is easier in most cases. Special rules and theory apply to product liability law that does not apply to other types of liability. The primary rules for recovery include strict liability, negligence and tortuous misrepresentation. An injured person can use one or more of these theories to base a recovery argument for a dangerous products case. Dangerous Products: Strict Liability Strict liability allows an injured person to recover compensation from the manufacturer or seller of an unexpectedly dangerous product without having to prove negligence. Ordinarily, negligence has to be proven in order to hold an individual or manufacturer liable for injuries. It is difficult for an individual to prove carelessness of a manufacturer for products that are sold to the public. Proving that the seller of the product properly checked defectiveness is also difficult. However, a strict liability claim can be made regardless to what a manufacturer or seller says it did. Dangerous Products: Negligence A central part of products liability law is the tort of negligence. Five basic elements must be proven under the theory of negligence. A duty is owed to the plaintiff by the manufacturer. A breach of duty to the plaintiff occurred by the manufacturer. The plaintiff's injury was caused by the breach of duty. The proximate cause of injury was a breach of duty. The negligent act resulted in actual damages suffered by the plaintiff. Manufacturers are required by law to exercise a standard of care as experts in manufacturing products. However, proof of failing to exercise proper standard of care does not automatically mean an injured person will recover damages. Proof is required that except for the negligence of the manufacturer injuries would not have occurred and the manufacturer foresaw the risks during production. Dangerous Products: Tortious Misrepresentation The basis for recovery in a tortious misrepresentation case depends on false communication regarding a dangerous product. Recovery is possible when injuries result from relying on the information. There are three basic forms of tortious misrepresentation. Fraudulent misrepresentation – or deceit – is committed when a false statement is made about a product intended to mislead the public. Negligent misrepresentation is also made when a statement is made without due diligence in establishing that the statement about the product was true. In some jurisdictions, a public statement about a product's safety is subject to strict liability.
