posted by lawyersofmelbourne.com.au admin on Dec 19
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?
Everything that is produced for consumers is covered under a special set of laws. These laws work to keep people safe and to ensure that businesses, both large and small, produce quality products that meet certain standards. Every industry has a set of standards it must adhere too. When a product is sold to the public then it must meet these standards. If it fails to do so then it could endanger the person who brought the product. Product liability laws ensure that every consumer is protected and that The Law is there on their side should it be needed.
What is strict liability?
Unlike negligence where a manufacturer is held accountable, a strict liability focuses on the product instead. Strict liability ensures that the product becomes accountable. Even with all of the product liability laws there is still a difficult case of proving negligence even when a person is injured. It is essentially up to the plaintiff to prove that the manufacturer and the product caused this specific injury. But the task of upholding the burden of proof has decreased dramatically. In the past the plaintiff had a hard road ahead of him or her when it came to taking on large industries or manufacturers. These days courts are more willing to hear cases.
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.
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