Product liability refers to the branch of the law that
covers injuries and damage caused by defective products. Product liability lawsuits can be based on negligence, strict liability, or breach of warranty of fitness and these bases of liability
vary depending on the state where the product liability claim is filed. Often, through neglect or incompetence, manufacturers and other companies create products that injure people.
The U.S. Consumer Product Safety Commission advises that there are over 200 product recalls each year. Products are designed for our safe use, when they fail because of defects they can cause serious injury and even death. The most common claim against a manufacturer is a "strict product liability" claim.
If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was "negligent" (necessary in most other injury claims) but you may have to establish the following three elements:
1. The product has a defective condition that makes it unreasonably dangerous to the user or consumer.
2. The defect existed prior to the manufacturer releasing the product.
3. The defect caused your damages.
A product is considered defective if it does not provide the level of safety generally expected in the community. The level of safety will vary from state to state and from case to case.