Products Liability/Product Warranty Law
Products liability is an area of law meant to protect the consumer from dangerous or defective products. The law holds liable manufacturers, distributors, and retailers for providing the public with products that they knew were defective, or should have known were defective.
Products liability law protects the consumer whether the given product is defective because of improper design, improper manufacturing, or negligent marketing. Improper design is when a product, even when used correctly and for its intended use, is dangerous to property, the user, or to others. Improper manufacturing is just as its name implies: the product is incorrectly made and consumers are at risk because of the mistake. Finally, negligent marketing is when a product has insufficient warnings, labels, diagrams, or instructions, or is marketed for a use other than its intended purpose.
Almost any product can fall under products liability. Examples of common areas of litigation include
If found to be at fault, the guilty party is liable for any and all damages caused by the defective product. This can include medical expenses, property damage, and other expenses directly related to the faulty product.
Product warranty law protects the buyer in a commercial transaction, ensuring that the buyer receives a suitable product. Whether the warranty is expressly stated or just implied by the product, the seller is responsible for delivering a product that meets this warranty.
Attorney Harley Erbe has worked on many product or warranty cases, including the 2002 Iowa Supreme Court case of Wright v. Brooke Group Ltd. If you believe that your rights as a consumer related to products liability or a product warranty have been violated, contact Harley Erbe today for a consultation.