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Posted by on April 22, 2019

Product liability in the simplest terms is an obligation that manufacturers and suppliers have towards their consumers. Product Liability Law is a type of law that provides consumers of any product or services a right to claim damages if the product or service causes them any harm.

If the product used causes personal injury, property damage or any other harm due to a defect or manufacturing flaw, the consumers are entitled to claim damages. Despite the name “product” liability, this law also covers services and commodities.

Product Liability

Render illustration of Product Liability title on Legal Documents

What kinds of defects make a manufacturer liable?

As a consumer, you are entitled to safety when using products and services. As manufacturers and suppliers, companies are obligated to ensure that you stay safe while using their products and are aware of all the possible implications associated with use. There are certain defects that cause liability concerns, such as:

  1. Design Defects

Design defects include flaws that exist before manufacture. They can either hinder the performance of the product or may exist to improve performance somehow but causing injury in doing so.

  1. Manufacturing Defects

Unlike design defects, manufacturing defects are not at all planned and exist in a small percentage of products. It can be due to a faulty component of the product. Quality control checks can minimize the sale of defective products greatly.

  1. Marketing Defects

Marketing defects are associated with a lack of awareness with respect to the use of the product and the warnings consumers should know about. They are mostly caused because of the marketing department. Improper instructions to use the product and not informing about the dangers associated with the use are also part of marketing defects.

What should you do to claim product liability?

If you have been harmed in any way due to the use of a product or service, you can claim product liability. In fact, you can be entitled to compensation for medical expenses, legal fees, the price of the product and value in terms of money for the mental pain it has caused. If proven in court, all of the above mentioned would be paid by the manufacturer or the party responsible for causing the damage. People who are physically injured and can therefore not go to jobs can also sue for lost wages.

Although strict liability is followed in product liability, it needs to be proven that the harm caused was substantial enough to affect the consumer’s life and that it was actually caused by the defect in the product. It also needs to be proven that there actually exists a design or manufacturing flaw in the product. The damage claim depends on the extent of the damage caused as well. If a product defect only harms a single part of the body, retribution may not be substantial for the companies. Whereas if the damage is extended to the whole body, or property damage in for example the event of an exploding phone, the suit can be massive and potentially hurt the company as well.

To have a strong case, you need a strong attorney. Product liability attorney Miami and attorneys in other states can help you build a case and get you the compensation you deserve. Most attorneys offer a free consultation to help you make up your mind and have all the necessary information before you make a decision.

A product liability case should be filed for a number of reasons other than the ones mentioned above. It would get you compensation, but it would also protect others from harm in the future. Your case would either make the manufacturers completely take the product off the market, or make them redesign the product to ensure safety. That way you would actually be doing something to help others out as well.


Everyone has a right to safety when it comes to the use of products and services. It is both legally and morally your right as consumers to be protected and made aware of the dangers associated with the use of the product. When you spend money to buy a product or service, it is a moral contract with the sellers and producers that entitles you to safety. Therefore, in the event of a product defect, be sure to get a good attorney and file a product liability lawsuit for your sake and others.

Posted in: Informative, Law