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There is nothing more frustrating than buying a new item only to get it home and discover that it is defective. It is irritating and you know you have to turn around and go back to the store to get a refund or exchange. But what if that product caused you bodily harm? Who do you turn to them? What if you are in a car wreck and your air bags fail to deploy? You cannot just return to the dealership and demand a new vehicle or a new body if you were seriously injured. Thankfully there are laws to protect you. Product liability is something that everyone has to take into account. From the person selling electronics to the cannery that produces your favorite vegetable. All products have to be held liable to a higher law. This article will cover many of the product liability laws and how you can make sure that you are protected.

What is product liability?

What are the most commonly made claims where product liability is concerned?

A majority of the claims that are covered under product liability generally have to do mechanical or electronic equipment. These are the products that are usually the most expensive and cost the most to repair. So claims for warranty repair or refund are often the ones you hear most about. Take for example a car manufacturer. The car manufacturer inadvertently puts out a vehicle that fails to meet the regulated safety guidelines. It may be that the axel is not put on properly or even that the air bag does not deploy correctly. The car manufacturer is held accountable by law to correct the problem or they could be held liable should an accident occur due to their negligence. But by far it is usually small equipment that has the most claims. After all…the smaller the parts are the more likely those parts are to fail.

What is negligence?

Negligence is the term used in product liability claims where someone is making a statement that the product did not meet a certain standard or was unsafe. When a product does fail or causes harm then the negligence claim will become more focused when it comes to a court of law. The court will have to decide, based on evidence, whether or not the person who used the item was negligent by not paying attention to the instructions or care of the product or if the company was negligent. In a negligence case it is always the manufacturer that comes under fire. The counterpart to this is strict liability.

How is the consumer protected with product liability?

Product liability protects the consumer by ensuring that they are not cheated when they purchase an item. They are also protected should something go wrong with the item that is a clear defect on the part of the manufacturer. They are also protected should something go wrong with the product and they become injured. By holding a manufacturer liable should anything go wrong, within certain guidelines, it means that the consumer is protected.

Is there a time limit on product liability laws or products themselves?

Whether or not there is a time limit on a product liability law or a product all depends on what it is. If you buy outdated consumable goods then you are not going to be able to hold a company liable because chances are the expiration date was clearly marked. The same holds true of an electronic item or a vehicle that is many years old. You do not have as much room to maneuver within the law as you would with a new item. Granted there are laws that still do protect you, such as lemon laws where vehicles are concerned, but there are limitations in how long you have to make a claim or how long a law will cover a product.

Beth Kaminski is the co-author of Curing Your Anxiety And Panic Attacks which detailed panic attacks help as well as tips on the various medications for panic disorder available at www.anxietydisordercure.com.

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