Products Liability And Product Injury

Products liability claims arise as an inevitable side effect of manufacturing consumer goods. While most businesses strive to attain high health and safety benchmarks in their manufacturing processes, human error and oversight can on occasion result in product defects with potentially dangerous consequences, hence Louisville products liability law remains a widely practiced legal field. As part of redressing the financial and physical detriment a defective product can cause, products liability claims can also help address the core problems resulting in defects of that nature, and prevent future injury as a result, thus the benefits of pursuing a civil action in respect of products liability are multifaceted.

Proving Negligence

As part of a successful products liability claim it may be necessary to establish negligence at some stage in the design or manufacturing process. As a general proposition, manufacturers are held to be strictly liable in Louisville product liability law for defects arising as a result of the manufacturing process, meaning there is no requirement to establish negligence – only causation (i.e. that the actions of the defending party were responsible for causing the harm sustained by the plaintiff).

However, for instances where the products liability is alleged to have arisen from design faults or some other inherent flaw distinct from the manufacturing process, there may more often prove a need to establish negligence, depending on the particular factual circumstances under consideration. The most effective way to determine whether or not negligence will require to be established is to consult a specialist Louisville products liability attorney and to discuss the facts of your situation, and the potential route forward.

Concurrent Liability

The concept of concurrent liability is rarely better exemplified than in considering products liability actions. Concurrent liability can be defined as a duality of liability under two or more separate legal doctrines – in the instance of Louisville products liability, under the laws of contract and tort. Tortiously, manufacturers may be strictly liable under statute or liable in negligence for their actions, as discussed above.

Contractually, liability comes in the form of breach of contract, or more specifically breach of warranty. The law regards manufacturers as warranting to a certain degree the quality of the products they manufacture – particularly as regards safety, there is an implied contractual term between a buyer and seller of goods that those goods are fit for the purpose for which they are sold and inherently safe. Remedies in contract may prove more accessible depending on the facts, although it should be remembered that only those contracting directly (which may be a different party from the end consumer) can choose to pursue in contract.

The Law Offices of Macey & Searns and www.injuryexperts.com can provide specialist advice on issues relating to Louisville products liability claims, and can help determine whether or not the factual circumstances surrounding your case could present a strong argument for liability. By consulting an attorney from Macey & Searns prior to deciding whether or not to proceed with legal action, you can better determine whether or not you have a feasible claim, and how best to proceed through the civil courts to that end.