For thousands of years, consumers had very little or no legal protection if they were harmed by a defective product. Generally, when someone purchased a product, they were expected to protect themselves against either hidden or obvious product defects and had no legal recourse if they were damaged by the product. Fortunately, today’s consumers benefit from major advances in product liability laws. Injured consumers have the right to hire a law firm in Stuart FL and seek compensation for their injuries.
Early Product Liability Laws
In the late 1800s, U.S. courts began to impose an implied warranty of merchantability on products, but this was far from the protection that today’s consumer enjoys. At that time, it was necessary for the injured person to have purchased the defective product directly from the manufacturer in order to collect for damages. Since most products were purchased from retailers rather than directly from manufacturers, consumers were often unable to recover anything if they were injured.
Modern Product Liability Laws
Beginning in the 1950s, courts began to recognize the rights of consumers who were injured by products that had not been purchased from the manufacturer. Over time, consumers received additional legal protection. Product liability laws provide a unique benefit to all consumers in that the potential for lawsuits provides an incentive for manufacturers to produce and sell safe products. As a result, every consumer receives a higher likelihood of buying safe merchandise than would be true otherwise.
Most law is concerned with fault, stating that someone can only be held responsible if their actions caused the injury. The strict liability concept in product liability law means that a party can be held liable for damages whether or not their actions contributed to the injury. This means that in addition to the manufacturer, the distributor or reseller of a defective product can also be held responsible for damages.
Slinkman, Slinkman, & Wynne has the experience needed for complex product liability cases. Each state has different regulations; it’s possible that the manufacturer, distributor, reseller and the location where the injury occurred could all be in different states. If you have been injured by a defective product, contact this law firm in Stuart FL.