In a negligence claim, a party involved in the making or distributing of the product failed to act in a way that a reasonably thoughtful person would act in the same situation and that failure caused the product to injure you.
Claims based on warranties are limited in certain ways:
In a strict liability claim, like a claim based on a warranty, it does not matter whether the potential defendant acted carelessly or carefully; liability exists if the product was defective.
Warranty and strict liability claims do not require proof of the defendant's state of mind, which can be hard to prove in a negligence case. Another benefit of warranty and strict liability claims is that the defendant cannot claim contributory negligence. This means that if your conduct in using the product was negligent, the defendant might not be held responsible, even if they also acted negligently.
In addition to the major claims based on negligence, warranties, and strict liability, legal claims for product liability can also be brought for the following reasons:
The reasons for choosing one kind of claim over another are complex and involve many other factors, including deadlines imposed for filing a claim and the particular facts of your case. An experienced personal injury attorney can advise you on the best options for filing a successful lawsuit.
Last Modified: 04-18-2018 07:18 PM PDTLaw Library Disclaimer
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