Manufacturer Liability for Defective Products
ICC Processes Product Liability Claims for Manufacturers
The law of product safety is regulated by administrative agencies of federal ,state and municipal governments to regulate the safety of products sold to the public. Product safety law ,operates seeking to prevent product-caused accidents and diseases before they happen. In contrast to product safety law, product liability law governs the private litigation of product accidents. Operating ex post, after a product accident has occurred, its rules define the legal responsibility of the seller and other commercial transferors of products for damages resulting from defects and misrepresentation about a product's safety or performance capabilities. In simple terms; if a wheel or tire manufacturer supplies a defective wheel or tire to the assembler of a vehicle, and the defective causes the vehicle to crash, then the suppler of the defective wheel or tire maybe liable in addition to the manufacturer assembler of the entire vehicle for harmful consequences of the crash. Component suppliers thus are subject to liability for manufacturing defects and for defects in design proximately caused by supplying the component. Based on this, the assembler manufacturer of the vehicle would have subrogation rights to recovery its loss from the component supplier
Example : EXAMPLE OF PRODUCT LIABILITY CASE
Plaintiff Patrick Scott (Scott) owned and operated vehicle service stations for over 40 years, during which he was periodically exposed to asbestos from brake and clutch repair. He eventually developed mesothelioma, a form of cancer uniquely linked to asbestos. Scott and his wife Sharon (plaintiffs) filed suit against a wide variety of corporate defendants, in cluding Ford Motor Company, alleging several causes of action for negligence and products liability. Scott prevailed against Ford; [Court decision filed March 26, 2014 ]. TO READ THE ENTIRE CASE CLICK HERE
When one company (the successor) purchases the assets of another (the predecessor), the successor normally is responsible for the predecessor's debts,
RETAILER S HELD LIABLE OF NEGLIGENCE
The age and intelligence of the buyer will have some influence upon whether there is a duty to warn. If a retailer is aware or has reason to know that, because of intelligence, the buyer is not aware of the danger of the product and the retailer has such knowledge, the retailer is required to warn the consumer of the danger.
FAILURES TO PROPERLY ASSEMBLE OR INSTALL THE PRODUCT:
When the retailer or contractor assembles, or both assemble and installs the manufacturer's product, the retailer (or contractor) is under a duty to the purchaser to exercise care in doing so. This would mean that the retailer would have to follow the manufacturer's assembly instructions or installation instructions.
More important, the retailer would be required to test and inspect the product to assure the product is safe in its assembly. Further consideration is established when a manufacturer or assembler markets without adequate warnings. The reseller is subject to liability without negligence in selling the product that lacks the manufacturer's adequate warning.
Thus, those in the market sales chain that are subsequent to a sale by the manufacturer, could be liable, without negligence for the manufacturer's failure to provide adequate warnings.
At ICC we take claims seriously. The following are what ICC considers when processing claims:
Negligence, Tortious Misrepresentation, Warranty , Strict Liability , Nature and proof of Defectiveness, Manufacturing Defects, Design Defects, Warning Defects, Limitations on Defectiveness, Cause in fact , Proximate cause, User Misconduct Defenses, Types of Transactions, Automotive Defects, Aviation Defects, Marine Defects, Mechanical Defects, Building/Design Defects and Defective Merchandise. Risk -ultility as a defense
At ICC we thoroughly investigate each claim by taking statements from all parties involved, including but limited to witnesses, perform accident reconstruction, analysis and provide a complete report establishing liability or providing a thorough defense.
We Process Claims In the Following States :
Alabama AL Alaska AK Arizona AZ Arkansas AR California CA Colorado CO Connecticut CT Delaware DE Florida FL Georgia GA Hawaii HI Idaho ID Illinois IL Indiana IN Iowa IA Kansas KS Kentucky KY Louisiana LA Maine ME Maryland MD Massachusetts MA Michigan MI Minnesota MN Mississippi MS Missouri MO Montana MT Nebraska NE Nevada NV New Hampshire NH New Jersey NJ New Mexico NM New York NY North Carolina NC North Dakota ND Ohio OH Oklahoma OK Oregon OR Pennsylvania PA Rhode Island RI South Carolina SC South Dakota SD Tennessee TN Texas TX Utah UT Vermont VT Virginia VA Washington WA West Virginia WV Wisconsin WI Wyoming WY, and Foreign Counrties World-wide
To find out if ICC 's services are for you, Call 1 316 683-0170 or 1 (845) -751-0023