A plaintiff can use multiple theories to form an argument for recovery in product liability cases, with the primary theories being negligence, misrepresentation, strict liability and breach of warranty. Read on for a brief explanation of these theories, and information on how a product liability lawyer in Murfreesboro TN can use those theories to form a solid basis for a claim.
Negligence
Negligence is a central part of product liability law. To make a recovery based on negligence, plaintiffs must prove the following elements:
1. The manufacturer had a duty to the plaintiff
2. The duty was breached
3. The breach caused the plaintiff’s injuries
4. The plaintiff suffered damages because of the negligence
In product liability cases, the law requires that a product maker exercise a reasonable standard of care. However, even if a plaintiff proves that a manufacturer has failed in that regard, he or she cannot recover without proving aspects of causation.
Misrepresentation
Claims in product liability cases can be based on misleading or false information given by a product maker. People relying on that information, and who are harmed, as a result, can recover based on misrepresentation. The basis of the case isn’t dependent on product defects but on false information.
Warranty Breach
Warranties are a type of guarantee that sellers give as to the quality of their products. Warranties can be express, meaning that sellers make certain claims as to the product’s quality. If a product is of lower-than-advertised quality, the Law Office of Gritton & Gritton PLLC can hold the seller liable.
Strict Liability
Manufacturers are liable for defects occurring during the manufacturing process, regardless of the level of care exercised. Courts have held that these principles also apply to cases not involving manufacturing defects, such as when a manufacturer does not provide warnings with products.
Defenses in Product Liability Cases
Defendants in product liability suits can use several defenses, and one of which is to prove that the defendant somehow misused the product. Other defenses are based on the plaintiff’s negligence or assumption of risk, and similar defenses are used in warranty breach claims. If a person is injured in a product liability case, they should Visit the Site of a product liability lawyer in Murfreesboro TN to discuss a possible cause for action.
