Do you know which living creature has survived from the age of dinosaurs? The answer is cockroaches. And now if someone asks which incident still exists then I would answer “accidents”. Accidents are happening since the existence of lives. And injuries come along with it.
There can be several reasons behind injuries, here are some common reasons:
- Car accident.
- Negligence of Duty/Breach of Duty.
- Faulty Products.
- Assault or Wrongful Acts.
But the major part of it is because of faulty products, which is a probable cause for car accidents also. So, indeed product liability is a big topic in the injury law. Here are a few things to describe the whole thing in a nutshell.
What It Is
So you bought a new electric shaver. But somehow the blades got stuck with your mustache and left a wound. So are you liable for the injury? No, it’s the product’s liability. Theoretically that means the product manufacturer or vendor will carry out the responsibilities. And the defects in the products can occur in designing, manufacturing or marketing. But sometimes some products can’t be safer unless the user uses it with caution. Like a cigarette lighter, or hair dryer.
Here is a list of liabilities affiliated with product manufacturing or distributing. The victim should prove the following elements to get the most out of a product negligence case:
- The manufacturer was assigned for a duty towards the victim consumer.
- The manufacturer’s negligence about the owed duty.
- The negligence of duty is responsible for the victim’s damages.
- Also the negligence of that duty as a probable cause for the injury.
- The victim is injured by the result of the breach of duty.
Liabilities may also be determined by the type of product. E.G. for used products, weaponries products or type of consumer.
There are some strict liabilities on the side of the manufacturer. These are determined by the Second Restatement of Torts, Section 402A. According to this any defects occurred during the manufacturing process is the manufactures responsibility.
This act is later improvised to state other liabilities. As an example, if a manufacture fails to provide proper warning in a product. Now if someone gets injured because of that then it will be the manufactures liability as well.
What do you do when you use a razor to trim your beard? You will obviously try to avoid a cut by looking at a mirror. Just like that, some precautions are very obvious and will be your sole responsibility. So before getting an injury attorney to sue someone, think whether it’s up to our consciousness, just like Lao Tzu said, “The key to growth is the introduction of higher dimensions of consciousness into our awareness.”