The 4 Different Theories Of Product LiabilityThat Determines Cause Of Action
Negligence Negligence refers to absence of failure to work out proper care. That means an individual who had a legal obligation were either gone or did something that should not have been done. A manufacturer can be held liable for negligence if he was careless in the production, design or assembly of the product that caused harm.
Breach Of Warranty Breach of warranty means that the seller was not able to fulfill the terms of promise and claims made concerning the type of product. According to the law the seller gives certain warranties concerning goods that are sold.
Misrepresentation Misrepresentation in the sales promotion of a product or advertising refers to the process of giving customers false security about the product by drawing away their attention away from hazards of its use. To recover from this situation the plaintiff should prove that they relied upon the representatives that were made.
Strict Tort Liability Strict liability involves extending the responsibility of the vendor to all individuals who might be injured by the product. Injured guests with no direct relationship to the product may take legal action for damages caused by the product. For this the injured party has to prove that the item was defective that caused the injury and the defect rendered the product dangerous.
Stephanie Ovadia Stephanie G. Ovadia, a New York based personal injury attorney. The law office of Stephanie G. Ovadia has provided legal assistance for people on Long Island and throughout the surrounding area for decades. She has handled all types of personal injury matters from product liability to medical malpractice claims.