When a person is injured from an unsafe product, they may take action against the manufacturer, seller, or designer of the product. It's a pretty serious situation because defective products can result in bodily harm. Also, this can squander the reputation of the company because they'll be known to not take the proper precautions to ensure users keep safe. We'll break down some of the ins and outs of product liability.
Breach of Warranty
In this portion of product liability, it's the seller's fault to fulfill the terms of a contract, guarantee, or claim. This isn't used very often because this pertains to contract law, which is an agreement between the consumer and the seller. As a result, the consumer has to prove the agreement exists.
Here are a few warranties to check:
- Express warranty is when the seller states or communicates some type of guarantee.
- Implied warranty of merchantability is an unwritten or unspoken guarantee that a product will perform to its intended purpose.
- Implied warranty of purpose is when a product is made for a non-ordinary, particular reason.
Negligence
In this scenario, it's failing to exercise reasonable care. One of the key factors is a business not executing what they should do or doing something they shouldn't have done in the first place. This may be the fault of the designer, manufacturer, or seller.
Each party is responsible for holding up their end to ensure that the product is safe for the user, their family members, and any bystanders who may hold the item. A good case would be someone drinking a hot latte and there's no warning sign on the cup. If it spills on the person, the hot contents can lead to him getting 2nd or 3rd-degree burns. The seller and manufacturer would be at fault in this ordeal.
Strict Liability
This is more of an “end all, be all” type of situation. Here's an issue that stems from putting out multiple faulty products. It certainly affects brand reputation because item accountability will be a big-time thing because of them constantly putting out products that put users in dangerous situations. Not to mention, they're also at fault if they didn't make any changes to the defective items because these are still unsafe.
When it comes to product liability, businesses must take the right steps to ensure all parties follow regulations accordingly.
