Product Liability Guidelines

Product Liability Guidelines

Consumers have the right to expect a reasonable amount of care and safety for the products they sell. Be careful not confuse the distributor (or store) with the manufacturer. For example, if you buy a bottled drink that has spoiled, the liable party could be the manufacturer, the distributor responsible for transportation, or the store that sold the product. If you get seriously sick, not only will you initiate at least one lawsuit, the corporations might begin to sue and counter-sue each other.

Breach of warranty is also an important concept in product liability cases. Essentially, does the product really do what it promises. Corporations can’t go making false claims about the effectiveness of their products — or every pill maker could start selling magical weight loss tablets. Generally, these claims require scientific research and may be difficult to prove.

The third kind of product liability is for any damage done as a side effect of product use. For example, the hairspray you bought might hold your hair in place, but it also gives your scalp a chemical burn. Because most mass products go through extensive testing, you might only find a liability case against a small business without the resources to completely test its products prior to distribution.

Finally, was the product simply dangerous. Toy manufacturers have to face these claims occasionally. For example, a toy that is designed to come apart into several small pieces shouldn’t be marketed to toddlers who are prone to choking.