A product liability claim is typically based on a theory of negligence, strict liability, or breach of warranty.

  • Negligence: A product liability claim based on negligence alleges that the manufacturer, distributor, or seller was careless or failed to exercise reasonable care in designing, producing, or selling the product. Negligence can include inadequate testing, failure to warn of potential hazards, or faulty design or production.

  • Strict liability: A product liability claim based on strict liability does not require the plaintiff to prove negligence or fault on the part of the manufacturer, distributor, or seller. Instead, the plaintiff must show that the product was defective, and that the defect caused the injury or damage. There are three types of defects that can give rise to a strict liability claim: design defects, manufacturing defects, and warning defects.

  • Breach of warranty: A product liability claim based on breach of warranty alleges that the product did not perform as promised, either in terms of fitness for its intended purpose, or in terms of its safety or quality. A warranty can be express (stated explicitly in the product's packaging or advertising) or implied (based on the product's intended use and reasonable expectations).

Each of these theories can provide a basis for holding the manufacturer, distributor, or seller liable for injuries or damages caused by a defective product.

At Drake Law Firm, we understand that filing a claim can be confusing. Our experienced product liability attorneys can help you navigate the legal process and seek the compensation you deserve. Contact us today to schedule a free consultation - You’re Safe with Drake.