“Strict Liability” On Defective Products
by Rodney Mesriani (Mesriani Law Group)The Consumer Product Safety Act has a provision on strict liability regarding product liability claim – good news for consumers.
Under CPSA a consumer who gets injured due to a faulty product, he or she does not need to prove negligence on the part of the supplier. A victim consumer only needs now to prove that an injury incurred has a causal link to the product failure, defect or danger in any goods and the pain endured by the consumer.
According to the Act, the following are jointly and severally liable if a product failure causes harm to a consumer:
- Product producer
- Product importer
- Distributor
- Retailer of the product
Pursuant to CPSA, a consumer who suffers from a defective product can file a claim against any liable person in the supply group. Filing for a claim regarding goods failure can be tricky because product companies will do their best to avoid consequences that is why seeking help from product liability lawyers is a viable idea.
The moment a consumer purchases a product it is appropriate to say that he or she trusts that product – this is why goods companies should make sure that their merchandises are safe. The following is a list of products commonly associated with faulty design or construction and harms it can cause:
Airbags
Several airbag products were questioned because of their inadequate quality to save lives during a car crash. Failure of these products can automatically result to severe and fatal injuries.
Tires
Poorly manufactured or substandard car tires can cause a horrific road tragedy. When a tire blows, it may separate from the rim, and this can result to a fatal accident. Car tire products must pass the standard quality control check to ensure its safety.
Defective drugs
Many defective and imitation drugs are sold all over the world and this can be very dangerous. People purchase medicines to take care of their health or to cure their sickness, but if a defective drug is obtained, the exact opposite can happen.
Products in the market must be in accordance to safety standard guidelines or else it can cause much hazard to all consumers. This is beneficial for both sides, consumers will be safe from harm, and product companies will have better income.
