Product Liability Act

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Must there have been an injury to bring a products liability lawsuit?

Product Liability Act

The Products Liability Act protects consumers against product liability issues. There are three types of product liability cases: negligence, breach of warranty, and strict liability. To allege a negligence claim, the injured must show that the maker of the product had a duty to its customers. Anyone who sells a product or provides services to the public has a duty not to injure his consumer.

Additionally, for negligence claims, the injured has to prove that the manufacturer of the product failed to provide the duty, such as showing that the manufacturer knew that the product was defective before it was sold. The third item needed in a products liability negligence case is that the person making the allegations must have suffered an injury because of the breach of duty.

Proving strict liability is a bit easier, in that the injured only needs to show that the product was defective and he suffered an injury because of the defective product. In a breach of warranty matter, the injured must show that the product caused his injury because something that was warranted failed.



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