Theories of Liability That Apply To Defective Product Claims

The law has created a means by which the person injured by a defective product can seek a fair compensation. Still, the victim must offer details on the exact nature of the defect. That requirement has led to the creation of a whole list of theories of liability.

The various ways that the production or marketing of a given product can be declared defective

Manufacturer manages to breach the company’s express warranty: That could involve a misstatement in any written or oral warranty. The statement in question could be presented in an advertisement, on the product’s package or in marketing materials that get displayed at the store.

Manufacturer takes steps that constitute the breach of an implied warranty: That could entail making false claims about the product’s suitability for carrying out a given action. Alternatively, it could entail claims about a product’s fitness for a stated purpose. This latter breach normally takes place in a store. The law agrees to impose strict product liability on a given product. The product’s defect has caused an injury to a consumer. Sometimes, a manufacturer gets held liable for negligence in distribution of a particular item.

Evidence of fraud: This calls for presentation of evidence that the manufacturer tried to conceal the existence of a recognized defect. This could be used to avoid any liability charges. Having an injury lawyer in Orillia in your corner can help.

How a false claim could be used to market a certain service, minus sufficient proof of that same claim?

This would be the situation if a doctor felt that a given medicine could be used to treat a disorder, other than the one highlighted by the manufacturer. Doctors make such claims, in order to bring in more patients. Typically, the doctor’s claim has not been supported by the results observed in a clinical trial. Consequently, a doctor could be held liable for a false claim.

How writers and marketers might work together, in order to help a company, one that wants to avoid charges of liability

This joint effort was once made by the makers of a certain dog food. The same product did not have any proven health benefits for the dogs that ate it. Hence, the writers contributing to the company’s blog were asked to dream up other ways that the same pet product could get viewed as beneficial to the fed animals.

The writers hired for this one job had to dream up situations in which a pet canine would enjoy a better overall diet, after being fed this one particular dog food. In that way, the makers of that particular pet food managed to avoid the chances for getting saddled with a charge of liability, following the marketing of a given pet food.