Theories of Liability in Defective Product Claims

When you purchase a product, you trust that it is safe to use. Unfortunately, that isn’t always the case and oftentimes individuals find themselves suffering injuries as a result of a defective product. There are a few theories that can help you decide if you have grounds to pursue a defective product claim. It’s important to note that you can use more than one theory when proving the legitimacy of your claim.

Breach of Express Warranty

When you purchase a product, it’s likely that you notice a written warranty or guarantee that comes with the product. You may have grounds to pursue a defective product claim if your product breached to its respective warranty. An example of this would be if you buy bamboo trimmers that come with the statement “Safe for use with bamboo up to half-inch in thickness,” and the blade catches on a quarter-inch-thick bamboo shoot, causing the blade to come off the motor and cuts two of your fingers off. The trimmer’s statement may be considered an express warranty and you can pursue your claim under the theory that the product violated its warranty.

Breach of Implied Warranty

If the product you purchased and used did not come with an expressed warranty, it may be covered by implied warranted, which are laws that automatically apply to the product you are using. Unlike express warranties, implied warranties do not have to be guaranteed by the manufacturer or store.

There are two forms of implied warranties:

  • Implied warranty of merchantability: This is a guarantee what a product is fit for its intended purposes.
  • Implied warranty of fitness for a particular purpose: This type of warranty places additional responsibilities on a seller who is selling a product that will be used in a specific way.

Strict Products Liability

Under strict products liability, you simply have to show that the product you used is somehow defective and that its defect was the direct cause of your injuries. Unlike other types of claims, you are not required to show that the manufacturer or designer was negligent in the product’s creation.

Our Los Angeles product liability lawyer has recovered millions of dollars for clients injured from a defective product. Call (866) 844-1717 to schedule a free consultation.