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DEFECTIVE
PRODUCTS A
person injured as a result of a defect in a product may file a claim to recover
damages upon meeting certain conditions.
If the claim is made, it may be against the manufacturer of the defective
product, a wholesale or retail dealer or distributor and even the operator of a
restaurant. Public
Policy recognizes a particular responsibility for public safety undertaken
by one who enters into the business of supplying products which might present a
threat to the safety of those who use those products. There
are several theories that may support a claim involving a defective product
including strict liability and negligence. The
theory of strict liability in its modern form first emerged in a case
called Escola v. Coca-Coca Bottling Co., a
California case that arose out of injuries inflicted by an exploding bottle.
After the bottles were manufactured, they were not subject to any
inspection or testing and a Justice of the California Supreme Court concluded in
an influential concurring opinion that “it should now be recognized that a
manufacturer incurs an absolute liability when an article that it has placed on
the market, knowing that it is to be used without inspection, proves to have a
defect that causes injury to a human being.” This means that the injured
plaintiff does not have to prove negligence
on the part of the manufacturer; the plaintiff need only show that the product
was defective and that the defect caused injury to the user. As the law evolved, it was incorporated into an accepted legal treatise which serves as a model for laws that several states have adopted for injuries caused by the negligence of another person (legally called a tort). It states in part the following: 1)
one who
sells any product in a defective condition and is unreasonably dangerous to the
user or consumer or to his property is subject to liability for physical harm
caused thereby to the ultimate user or consumer, or to his property if (a) the
seller is engaged in the business of selling such a product, and (b) it is
expected to and does reach the user or consumer without substantial change in
the condition in which it is sold. 2)
The rule
stated applies although (a) the seller has exercised all possible care in the
preparation and sale of this product and (b) the user or consumer has not
purchased the product from or entered into any contractual relationship with the
seller. Under
the negligence theory if a product
supplier is negligent during the manufacturing process, he can be held liable
for the consequences of such negligence. This
requires that the claimant carry the burden of proof that the producer of the
product failed to exercise reasonable care. Liability
on a negligence theory can be based
on negligent design of the product,
failure to incorporate safety devices,
and failure to warn of product
hazards with a result that a person is injured. The
law of product liability is governed by statute, court decision and is very
complicated. Recently, there has
been a strong nationwide lobbying effort among various manufacturing and related
business interests to limit liability for injuries caused by defective products.
These interests claim “the costs involved all around (safer products and
lawsuits) will drive prices up.” In
some states, limits have been placed on the amount of the award availability to
a victim. If
you or a loved one has been injured by a product, do not discard any part or
component of the product but save it.
It may be the only evidence of a defect in the product’s manufacturer
or design. You should then
immediately contact legal counsel to have the case evaluated. For more details and a free consultation, call and ask to
speak to Leonard A. Sloane, Chair of the Personal Injury/Litigation Department
ar 610-565-3700, ext.257 Ó 2003 James
W. Pearson, Jr. , All Rights
Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-888- 565-3700 E-mail: jpearson@eckellsparks.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. Eckell, Sparks, Levy, Auerbach, Monte, Rainer & Sloane, P.C. 344 W. Front Street, Media, Pa. 19063 |
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