Recovery for Injuries Caused by Dangerous Products?

Answer 1

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.