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What is a products liability action?

On Behalf of | Jun 21, 2018 | Products Liability

Unfortunately, things can break. Whether it is big or small, expensive or cheap, the products that we use do not last forever. While products breaking because of misuse or the age of a product are likely to occur, a product breaking because of a defect is unexpected. Consumers using a defective product could suddenly find themselves dealing with much pain and suffering because of the injuries suffered.

Dangerous and defective products cause many injuries every year in Virginia and other states across the nation. When these events occur, consumers may seek to recover damages for losses and injuries suffered. A civil action helps an injured consumer hold a negligent party responsible for their harms while also collecting compensation for the financial losses endured.

What is a products liability action? This civil action refers to liability being placed on a manufacturer or seller for placing a defective product into the hands of a consumer. Responsibility for a defective product that causes injury can lie with a seller if the seller is in the distribution chain. Because the law requires that products in the stream of commerce meet the ordinary expectations of the consumer, when there is an unexpected defect or danger, those at fault should be held liable.

Liability for a defective product could lie with any party in the product’s chain of distribution. This includes the product’s manufacturer, the manufacturer of component parts, the party that assembled or installed the product, the wholesaler and the retail store that sold the product to the consumer. In order for strict liability to apply, the product must have been sold in the regular course of the supplier’s business. Thus, someone selling items at a garage sale is not liable in a product liability action.

A defective or dangerous product can enter the hands of a consumer for many reasons. No matter the reason, it is likely that a consumer injured by a defective product will want to take steps to remedy his or her situation. This means holding a liable party responsible and pursuing a monetary award for losses and damages.