Product Liability

When discussing product liability, it is important to differentiate between products that are dangerous and those that simply do not do what they are supposed to do.

What is the difference?

Defective products, which can include anything from new cars that break down in the first 1,000 miles to computer hard drives that destroy data, are an issue of consumer fraud, not products liability. For more information about Defective Consumer Products, visit the Consumer Class Actions section of our web site. Dangerous products are an issue of product liability because they endanger personal safety. Manufacturers and sellers of products have a duty imposed by law to provide those products with every element necessary to make them safe for their ordinary uses – and to ensure that the products they sell do not contain anything that would cause injury to the user.

Sheller, P.C. attorneys have successfully represented individuals nationwide who have been seriously injured by defects in:
  • Consumer products
  • Industrial products
  • Automotive and construction vehicles
  • And others

Sheller, P.C. attorneys review product liability claims from many states. The laws governing product liability vary from state to state, and are generally based on negligence, breach of warranty, or strict liability. In some cases where there has been an injury or other harm, proving the inherent danger of the product is very important.

What makes a product dangerous?

A dangerous product that causes injury or harm may have a design defect, a manufacturing defect, or be marketed improperly or unlawfully, lacking adequate safety information, instructions that leads to injury. Incorrect labeling may also be an issue.

Who is responsible?

Determining who is responsible in a product liability claim varies from product to product. It could be the manufacturer, the provider of a part used by the manufacturer, an installer, the wholesale company, the retail store, or any combination thereof.

What are the steps to take?

If you have suffered harm from a product, keep the product in the state it was in at the time of the injury. Do not return it to the store or manufacturer, and do not use it. Many dangerous products are recalled by manufacturers, or are required to be recalled by the Consumer Product Safety Commission, but neither disqualifies you from seeking legal action. If you believe you have been harmed by a product, listed here or not, contact us for a no obligation consultation, call (800) 883-2299. You may have claim for a lawsuit to compensate for the harm you have experienced.


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