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3 Types of Product Liability Cases

3 Types of Product Liability Cases

What is Product Liability?
Product liability is a specific area of law within consumer law that governs and regulates the distribution of consumer products. Product liability places responsibility on the manufacturers, suppliers, retailers, distributors, and all other entities that make products available to the general consumer.
The issue of responsibility is tied into the use of the products and their after-effects in regards to the presence of injuries. Although the term “product” is broad, this particular field of law is limited to products in the form of tangible consumer-based items or property.
In the United States, those legal claims attached to the field of product liability will investigate the entity and products for breach of warranty, strict liability, negligence, and various consumer protection laws. The majority of product liability laws are developed and interpreted at the State level. As a result of this classification, the laws surrounding this field will fluctuate depending on jurisdiction.   
Product liability suits are common forms of civil actions initiated by consumers who are hurt or accrue monetary damages from the use of a product. There are several forms of product liability. Each type of product liability claim will require the satisfaction of different elements. 
The precepts within product liability law require that the service or product be used only in the manner in which it was sold, marketed or intended for. Injuries or damages resulting from improper – or unintended usage – typically free that vendor or manufacturer of liability.To familiarize yourself with product liability or to raise consumer awareness observe the following:
The review of a Commercial Warranty serving as a bond formed between the vendor and the consumer ensuring that the product purchased is functional and satisfactory;
A product recall resulting from faulty or flawed products whose presence on the commercial marketplace is considered to cause the threat of injury, damage, or death to consumers and users alike. Typically, consumer awareness is at its peak in the event that a product or service has been identified as both faulty and potentially dangerous.

Types of Product Liability
All product liability laws are covered in tort law. Product liability law distinguished between three major types of claims associated with the product’s use: manufacturing defects, design defects, and a failure to attach a warning label to the product.
Manufacturing defects occur in the creation process of the product. These claims typically result when the product was created with poor quality or shoddy workmanship. 
Design defects occur when the product’s design is inherently dangerous or defective. The manufacturing efforts are not evaluated. This form of product liability can be demonstrated by showing that the product fails in satisfying ordinary expectations as to what is expected from a safe product. A favorable ruling will also be administered if the product’s risks outweigh its functions or benefit.
Lastly, a failure to warn defect will arise if the product carries an inherent, yet non-obvious danger which would be mitigated through an adequate warning label. These dangers must be present regardless of the product’s intended purpose, design, or materials.
A breach of warranty claim will focus on the product’s refusal or negligence to deliver the contractual obligations outlined in the good’s warranty. The warranty is a statement made by the seller or manufacturer of the product to ensure that the good will work and last. Warranty claims require privity between the injured party or plaintiff and the seller or manufacturer.
A typical negligence claim will consist of five elements: 1.) A duty must be owed; 2.) A breach of that duty must be realized; 3.) The breach must cause the plaintiff’s injury or damages; 4.) The breach must proximately cause the plaintiff’s injury; and 5.) The plaintiff must suffer an actual and quantifiable injury.

Discover Your Consumer Rights Here

Discover Your Consumer Rights Here

What are Consumer Rights?

Consumer rights are undeniable rights offered to a buyer of a particular commercial or retail item to eliminate risks or manipulative practices from their consumption efforts. Consumer rights are established in consumer law, which is the body of law that provides a consumer with various liberties aligned with consumption, such as providing product warranties or other consumer guarantees. 
Consumer rights will vary by jurisdiction. Such variance is present through different market behaviors latent within the individual consumer and the particular manufacturers of products within the specific region. 
In addition to basic warranties, consumer rights offer protection efforts to the individual buyer to include the establishment of a governmental body. The inclusion of a government agency will help monitor the general marketplace and effectively provide the consumer with various remedies to correct predatory sales practices.
In a general sense, consumer rights are delivered to the individual to help provide protection against any unfair, manipulative or predatory actions that are delivered by the manufacturer or seller of a particular good. 

Examples of Consumer Rights
The most basic consumer right under consumer law revolves around warranties. The statutory product warranty, for example, is a law that requires all manufacturers to state that their products are fit specifically for consumer use. Other examples of consumer rights will permit individual buyers to cancel a specific contract, or obtain refunds for defective or un-wanted products. 
The ability to sue for damages, which is another bundle of fundamental consumer rights awarded to individual buyers, will vary based on jurisdiction. Some jurisdictions or localities, based on individual State interpretation, will award consumer rights that initiate a buyer’s right to sue for damages.  

Government Inclusion in Consumer Rights
Without government inclusion or interference, consumer laws which surround the marketplace typically place the risk on the individual buyer. This principle, however, permitted spurious or unscrupulous manufacturers and businesses to take advantage of the individual consumer. This notion as eliminated when President John F. Kennedy signed the Consumer Bill of Rights.
Since the passing of the Consumer Bill of Rights, novel and unique consumer rights have been added by proclamation and statute, both domestically and abroad. The basic consumer rights added to the bill encouraged and guaranteed safety, notice, and choice, among other consumer rights. 
While several Federal agencies will enforce consumer rights, the Federal Trade Commission is the primary Federal agency responsible for upholding and protecting such consumer rights. The Federal Trade Commission establishes a wide array of consumer rights through the enforcement of laws to curb monopolies, predatory pricing models and bad business practices in various industries, such as consumer credit cards and telemarketing.
The Federal Trade Commission can levy fines or engage in legal suits against any unscrupulous business models for any business practice that violate any consumer protection laws or consumer rights.
Another Government agency responsible for upholding consumer rights is the Consumer Product Safety Commission. This particular Government department is dedicated to the preservation of consumer rights through their ability to investigate and subsequently recall a number of consumer products or services.  
Each individual State possesses its own consumer laws and protection efforts. The various laws instituted by State governments will establish warranties for particular products, setting maximum interest rates and penalties that a company can charge, establishing a fine system or penalties for deceptive sales practices, and establishing solutions for defunct products or services. 

False Advertising In Depth

False Advertising In Depth

What is False Advertising?
The term ‘false advertising’, which is also referred to as deceptive advertising, is an illegal action taken by a marketer, manufacturer, or seller of a particular good or service to inaccurately advertise their underlying product. False advertising aims to persuade consumers in purchasing a product through the delivery of false or misleading statements.
To discourage marketers, manufacturers, or sellers from misleading the consumer base, the majority of governments will employ various regulations to eliminate the delivery of false advertising techniques.
The primary reason why false advertising is considered illegal in the United States and various other nations is that the consumer is given the undeniable and innate right to know what product or service they are purchasing. As a result of this right, the consumer base is awarded ‘truth in labeling’, which is the accurate and fair delivery of necessary information to a prospective consumer.
The delivery of information, including nutritional facts and other information regarding the product or service, is required to not only be delivered through the good’s advertising efforts, but also on the product’s label.


False Advertising Practices

False advertising, in any form, refers to advertiser’s techniques that are meant to deceive a consumer. As a result of this generic and loaded definition, even advertising techniques that only have the potential to be misunderstood by a consumer may be construed as false advertising.
In most instances, false advertising techniques will lead the consumer to believe that the individual is somehow profiting from a purchase. The individual is led to believe that he or she is getting a good deal, saving money, or buying a good that will perform in a specific manner.
False advertising can come in many forms. The specific information latent in the practice requires that the underlying product be purchased with the notion that the advertising technique was truthful. False advertising can arise when a producer claims that there is “20% more” in a given food product or that a particular good possesses the ability to perform a unique or direct function.
In general, any advertising statement attached to the good must be truthful. Therefore, if the product claims that there is “20% more” within the packaging, there must be an increase of 20%.
A common false advertising technique is referred to as ‘inflated price comparison.’ In this form, a retailer will raise the price of times and then offer them for lower “sales” prices to indicate to consumers that they are receiving a “good deal” on the purchase.
Other forms of false advertising may revolve around products sold with a rebate. The rebate in this instance is not received at the point of purchase, but instead claimed by the buyer in the future. In these instances of false advertising, the companies may delay the delivery of the rebate.


Regulations Concerned with False Advertising
Due to the many instances and opportunities that a manufacturer or seller may engage in false advertising, the United States Federal Trade Commission possesses the regulatory power to impede any potential misleading or deceptive claims made by the selling agency. To thwart false advertising techniques, the Federal Trade Commission will determine incidences where the potential to deceive is present in any attempt of advertising. 
If any claims made in advertising a product or service lead to a purchase because of the delivery of misleading or deceptive information, the underlying seller will be guilty of false advertising.

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