Product Safety Laws

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What Are Product Safety Laws?

Product safety laws are designed to regulate the designing, manufacturing, distribution, sale, and resale of products. The main purpose of such laws is to ensure that consumers are safe from dangerous products, and that they receive adequate warnings of potential dangers associated with the product. Product safety laws often change as the different types of products on the market also evolve.   

In some cases, product safety laws also make mention of the consumer’s duty to consider their own safety. The Consumer Product Safety Act of 1972 was created to provide a standard to prevent any risks and dangers that are associated with consumer products. The products are also recalled if they are found to dangerous or hazardous in nature.  

What Are the Main Purpose for Product Safety Laws?

The main purpose of Product Safety Laws are: 

  1. To Protect the Public against unreasonable dangers and risks of injury associated with products used by consumers
  2. To assist users of products to evaluate safety of consumer products
  3. To develop a uniform safety standard for products to minimize state and local regulations involving products
  4. To promote more safety regulations and promote research into the causes and prevention of product related death, injuries, and illnesses.

What Are Some Legal Claims That Involve Product Safety?

Product safety laws can vary radically from area to area.  Most product safety claims cover legal claims such as:

Most product safety violations are based on negligence.  In some cases, strict liability is an issue (such as when dealing with extremely hazardous or toxic products). Product safety laws are designed to prevent injuries from occurring and to make manufacturers to be in compliance with the health and safety regarding their products.

What Are Some Examples of Product Safety Laws?

One of the main federal laws dealing with product safety is the Consumer Product Safety Act. Among other things, the act established the Consumer Product Safety Commission to develop various standards related to safety and product recalls. The Commission works closely with other administrative agencies to regulate products, such as the Food and Drug Administration and the Department of Transportation.

In addition, each state has its own body of laws that deal with product safety laws. Many state laws are modeled after CPSA provisions; however, state laws can often include more detailed provisions that are specific to the economic needs in that area.

What If I’ve Been Injured by a Product?

Injuries due to a faulty product are usually remedied through civil action in a court of law. This will usually result in a damages award designed to compensate the injured person for their losses. In some cases, the court may require the manufacturer or distributor to enforce stricter product safety policies.

If you have been injured by a defective or dangerous product, you may have a easier time recovering compensation for your injuries than those who have been injured in other ways since defective product injuries are covered by strict liability laws. Strict liability laws are easier to prove than negligent claims because the company may be liable for the products they placed in the stream of commerce even if they acted with care.

What Is Strict Liability Regarding Defective Products?

Strict liability claims brought by a injured plaintiff that was caused by a defective product requires the plaintiff only to prove that the product was either designed defectively, manufactured defectively, or failed to warn to user of the dangers associated with it. For al these reasons, the law has allowed a injured person by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product, without showing that the manufacturer or seller was actually negligent.

Do I Need a Lawyer for Help with Product Safety Laws?

Product safety laws cover nearly every aspect of consumer life. If you need assistance with any product safety laws, or if you have a legal issue, you should speak with a personal injury lawyer immediately. Your attorney can help you understand the different laws in your area, and can help you file a claim if you need to. In addition, your lawyer will be able to represent you in court so you can obtain the appropriate damages award for your losses.

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Last Modified: 07-29-2015 03:57 PM PDT

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