At Nugent Law, our South New Jersey personal injury lawyers have seen and helped many clients with their product liability cases. Many people do not even know what product liability means and definitely don't know how we argue these cases, so we make it a point to educate our clients and our readers. Today's article explains basics about the theories of product liability basics.
There are four theories of liability used in defective product cases. These are the theories that we use at Nugent Law to argue your product liability cases.
Breach of Express Warranty
You may have a defective product claim if you were injured or experienced property damage because the product violated the written warranty or guarantee. These written statements can be:
- On the product's label or packaging
- In the instructions or paperwork included with product
- On signs or marketing materials at the stores where you purchased the product
Breach of Implied Warranty
If the defective product had an implied warranty rather than an express warranty and the defect may have violated those implied warranties. Implied warranties automatically apply to the product-they do not have to be guaranteed by the manufacturer or seller. There are two types of implied warranties-
- Implied warranty of merchantability
- Implied warranty of fitness for a particular purpose
Strict Products Liability
Usually, if a product caused and injury or damage, the company making or selling it will only be held liable if they are found to have acted negligently-in other words, did not take reasonable care in its actions. However, with strict liability, the company will be liable regardless of the care or precaution they exercised because the product was simply defective.
Intentional Misrepresentation or Fraud
If evidence shows that the company (defendant) knew of a dangerous defect associated with a product and deliberately concealed the danger, you may have a claim for intentional misrepresentation or a tort claim based on the fraudulent conduct.
Product liability cases are usually difficult to argue because they require a lot of complex scientific evidence, so hiring an experienced attorney may be something to look into. The Marlton personal injury attorneys of Nugent Law are experts in product liability cases; click here or call us today at (877) NUGENT-1 for a consultation.