PERSONAL INJURY - PRODUCT LIABILITY LAW

Have you or someone you know has been injured in by an unsafe or defective product, such as faulty air bags or seatbelt, recalled car seat, defective tires, unsafe drugs, etc. Call (484) 631-0092 or click here to contact product liability lawyer & attorney Marc Bragg in Philadelphia, Main Line, State College, Lancaster, York, Pennsylvania.

Products Liability Law Overview

Each year many children and adults are injured as a result of goods that are defective, unsafe or fail to meet prescribed construction, performance and design standards.

Products Liability Summarized

Products liability is the responsibility of any or all manufacturers of a product to ensure that damage is not caused to consumers by the product in question. Defective products that cause harm to consumers are the focus of products liability lawsuits.

Many products liability claims are founded on negligence, strict liability or violations of warranty in terms of the condition of goods produced. The Federal Government has not enacted laws on products liability although many states have passed comprehensive products liability laws and regulate them through the Model Uniform Products Liability Act (MUPLA).

Goods are identified as defective during 3 stages of production:

1) design – defects that are present before the product is manufactured
2) manufacture – defects that occur during the construction phase
3) marketing – when inaccurate information is given or a failure to notify consumers of hidden dangers

The most significant products liability sections are:

2-314 of the Uniform Commercial Code:

Implied Warranty: Merchantability; Usage of Trade.

(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as:
(a) pass without objection in the trade under the contract description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods are used; and
(d) run within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged and labeled as the agreement may require; and
(f) conform to the promise or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.

2-315 of the Uniform Commercial Code:

Implied Warranty: Fitness for Particular Purpose.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is, unless excluded or modified under the next section, an implied warranty that the goods shall be fit for such purpose.

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Product Liability Law Resources