Theories Surrounding Injuries Caused By Defective Products

People often purchase products using their hard earned money due to the satisfaction it brings to them. However, there are a number of instances wherein a product inflicts injury to its user. These situations arise when it is used in a wrong way or when it is defective.

A defective product is known as a kind of product in a defective condition or state, which poses unreasonable danger to the person using it when it has a tendency of inflicting physical harm beyond the harm that can by seen by an ordinary person who is has an idea of its characteristics.

There are different products that may possess defects and may cause harm to people. Some of these products include car tires, space heaters, medical equipment and devices, strollers, playpens, and truck tires, among others.

People who are injured when they used a defective product can acquire justice from the party at fault with the help of attorneys.

Theories in Product Liability Cases
The aggrieved person or party may depend on one of the different theories that may be used as a base of his/her argument for recovery in his/her case. Some of the theories for recovery which may be used include negligence, breach of warranty, and tortious misrepresentation.

Negligence
In order for a plaintiff to recover under this theory, he/she must be able to establish five essential elements. The following elements are:

1.the products manufacturer has a duty to the injured person
2.the products manufacturer breached that duty
3.the breach of duty resulted to the injury sustained by the person
4.the breach of duty is also the immediate or proximate cause of the persons injury
5.the negligent act caused the person to suffer from actual damages

Breach of Warranty
Warranty is known as a kind of guarantee or assurance that is provided by the seller regarding a products quality. This warranty may be expressed, which means that the products seller makes specific representations with regard to its quality. The seller could be held liable for breach of express warranty if the quality of the product is less than what is represented. Meanwhile, some warranties may be indirect or implied due to the way or nature of the sale.

Tortious Misrepresentation
A claim may also be based on misleading or false information conveyed by a products manufacturer. A person may be entitled to recover for misrepresentation if he/she was injured because he/she depended or relied on the information passed on by the seller. This will depend on the false communication that occurred, not on the product defect.

Tortious misrepresentation may be seen in one of three primary forms. These three forms are:
1.a person may commit deceit or fraudulent misrepresentation in which he/she is aware that the statement made by him/her is not true and he/she intends to mislead the plaintiff by giving such statement
2.a person may be guilty of negligent misrepresentation in which he/she was negligent in determining if a statement is accurate
3.some jurisdictions permit strict liability in situations wherein a products manufacturer makes a statement to the public concerning the products safety

Proving these theories may be a difficult task due to the legalities that surround it. In order for the injured person or party to receive favorable results in their case, professional assistance should be acquired from attorneys specializing in cases that cover defective product injury.