One of the most disappointing experiences for a consumer comes when, after opening and/or using a product for a short amount of time, the product falls apart. Defective products cost consumers millions of dollars each year. Sometimes, these defective products are mistakes or anomalies from an otherwise reliable brand. In other cases, the customer has simply been misled to buy a product that is not the same as advertised. To combat concerns about consumer fraud, customer satisfaction and product safety, product liability laws have been put into place put into place.

Also known simply as "products liability," product liability law determines a standard of legal liability of manufacturers, wholesalers, vendors and other distributors. They, and not the consumer, are by law responsible for any dangerous or defective product created and sold by them. These laws were created to protect the consumers from dangerous products, money spent, and other damages. Each state has different products liability, so the type and amount of compensation from a manufacturer to the consumer may vary.

Product liability claims are generally reserved for retail products, but also extended to some other types of products and services, such as real estate or intellectual property. Liability claims can be made in different categories, including the following:

Design Defects

Companies should maintain strict standards and techniques for product design assembly. A company's product design is liable if and when a lack in oversight produces a product that, when used, would be potentially dangerous. This liability generally does not extend to the consequences associated with the misuse of the
product.

Manufacturing Defects

Even the slightest change in the manufacturing process can damage a product's effectiveness and compromise its safety. Product defects that arise from manufacturing mistakes are the responsibility of the manufacturer.

Marketing Defects

Marketing and labeling are two of the most important aspects of a product. Law requires that products are clearly labeled and explained on packaging and/or within additional inserts contained inside the packaging. A marketing defect occurs when there are not adequate instructions and warning labels offered with product packaging. This information is necessary to ensure that consumers use the product correctly and safely.

In some cases, it will be possible to prove more than one theory of liability in the case presented. The criteria for proving a case in civil court will vary depending on the state and district. The following are examples of theories that must be proven in a court of law:

Negligence

In order to prove negligence, a plaintiff must be able to demonstrate that the responsible parties failed to safeguard the product against product defect or other issues that would cause injury to occur to the consumer while that consumer was properly using the product.

Strict Liability

Strict liability means that the manufacturer and /or other responsible parties solely hold responsibility for a defective product, regardless of the care given to each step of product creation, from design to vending.

Breach of Warranty

Many retail items come with a written warranty, the contents of which are determined by a manufacturer or vendor prior to sale. The warranty serves as a contract, and any violation of that warranty caused by product defect represents a breach of contract. That broken contract means that the product is not useful for its expressed intended purpose.

Each jurisdiction throughout the country will rule based on established liability statutes and standards crafted to protect both plaintiffs and manufacturers, who are the defendants in these types of cases.