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Product liability law, governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. Depending upon the jurisdiction, the liability of the various parties involved as the product passes from the manufacturer to the consumer will vary.
Product liability frequently involves retail items, but can extend to pretty much anything that can be sold. It is possible, for example, for a product liability action to arise from a defect in real estate such as a leaky wall or poorly installed vapor barrier that causes mold to grow inside a wall, or from a product used in real estate, such as defective siding. Product liability claims can be brought under a number of theories, depending upon local law.
Liability arises from a mistake or oversight in the design of a product, which makes it dangerous when used as intended, or when used for another reasonably foreseeable purpose.
Liability arises from a defect that results from the manufacturing process.
A marketing defect involves such issues as inadequate warning labels or instructions, which, for example, prevent a user from recognizing a defect in the product, or from being aware of how to safely use or apply the product.
At Barfoot & Schoettker we are currently looking at cases involving the products listed below.