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| BRODD LAW FIRM L.L.C. |
| River Ridge Professional Center |
| 1200 Hosford Street, Suite 102, |
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| Email: info@broddlawfirm.com |
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| CONNECT WITH US |
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Overview
Thousands of people are injured every year by dangerous and defective products. The laws governing responsibility for product defects are different from ordinary liability law. These laws are based upon a principle that if a manufacturer and/or designer of a product create a product which is defective and the defect renders it unreasonably dangerous; these entities will be responsible for the damages caused by their dangerous products.
Product liability means that a manufacturer or retailer can be held liable for producing or selling a defective product. Responsibility for a product defect lies with all sellers or distributors of a product, including the manufacturer and component manufacturers, wholesalers, and retail stores. Some state laws provide that wholesalers and retailers cannot be held liable unless the product was manufactured to specifications provided by the seller, or unless the seller modified the product.
There is no federal product liability law and states have different product liability statutes. Generally, these statutes are modeled on the Uniform Commercial Code and require products to meet the consumer's expectations. These expectations obviously include the expectation that a product not be defective or dangerous.
There are three theories of product liability:
- Negligence. A manufacturer can be shown to be negligent if the design or manufacture of their product is clearly unsafe, or if it can be shown that the manufacturer or seller did not take adequate and reasonable precaution to prevent injury caused by their product.
- Strict liability. This theory does not require proof of negligence, but rather proof that the product was defective and that the defective nature of the product rendered it unreasonably dangerous to a foreseeable user.
- Breach of warranty. A product's manufacturer or seller can be held liable for breach of warranty if the product is unsafe or not fit to be used as intended. This can occur if the product was incorrectly designed, assembled, or if the components do not perform properly.
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| "Dear Joel, A heartfelt and sincere thank you for an outstanding job to win our case. I know you went above and beyond the call of duty in an effort to gain the most for the sake of my injury. I believe I don't even know the untold hours of research and information gathering you put in. Above all, I appreciate the genuine interest in ME. You invested your own time to recommend a good doctor even after our case was closed, because you are interested in MY well being!! Thank you again Joel and I will be more than happy to recommend you to anyone in need. Sincerely JW." Read More |
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