Product liability claims frequently involve retail items, but can extend to anything that can be sold.
Products Liability and Negligence
A products liability claim is usually based on one or more of the following causes of action:
- Design defects
- Manufacturing defects
- A failure to warn of known dangers or hazards
In general, products liability claims are based not on negligence, but rather on common law theory of negligence. Under the theory of strict liability, a manufacturer is held liable regardless of whether it acted negligently. This theory allows for recovery by an injured customer who might be in a difficult position to prove what a manufacturer did or did not do in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products. Some legal commentators consider claims of failure to warn to be based on negligence.
Contact Hoffmeister Doherty & Webb LLC attorneys immediately if you or someone you know has suffered any kind of injury as a result of a defective medical device. You may be entitled to compensation for your physical and/or economic injuries as well as lost time. There is no fee unless we collect money for you. Don't settle for less.
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