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Product Liability Law is a specialized field which requires years of training and understanding in order to present a successful case. Most Manufacturers have vast resources to defend their products and will spare no expense in defeating a consumer who has been injured by their products. Our Firm has successfully presented hundreds of Products Liability cases involving everything from automobiles to machinery and household items. For a Free Professional consultation on your claim Please contact us immediately.

Products Liability Law Overview:

Products liability is the liability of any or all manufacturers of any product for damage caused by that product. Products containing defects that cause harm to a consumer of the product, are the subjects of products liability suits.

Products liability claims are usually based on negligence or strict liability. Many states have enacted comprehensive products liability statutes. There is no federal products liability law. In any jurisdiction one must prove that the product is defective.

There are three types of product defects that incur liability in manufacturers and suppliers:

1) design defects exist before the product is manufactured
2) manufacturing defects exist during construction and production phases
3) defects in marketing exist when improper details have been given to warn consumer of dangers in the product

Products Liability is generally considered a strict liability offense. Liability of a defendant in a products liability case is determined when it is shown that the product is defective.

Products liability law is derived mainly from Torts Law, but is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states.

The most important products liability sections are:

2-314 of the Uniform Commercial Code:
Implied Warranty: Merchantability; Usage of Trade.
(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as
" (a) pass without objection in the trade under the contract description; and
" (b) in the case of fungible goods, are of fair average quality within the description; and
" (c) are fit for the ordinary purposes for which such goods are used; and
" (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
" (e) are adequately contained, packaged, and labeled as the agreement may require; and
" (f) conform to the promise or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.

2-315 of the Uniform Commercial Code:
Implied Warranty: Fitness for Particular Purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

At Rosenberg, Minc, Falkoff, & Wolff, LLP.,  we specialize in personal injury cases. You can depend on our knowledge and skill when it comes to representing a client with a Personal Injury matter.