How to determine liability in wrongful death product cases | Bart Durham Injury Law

How to determine liability in wrongful death product cases

There are a few different methods a plaintiff in a wrongful death case stemming from a product can use to prove liability. These methods include strict liability, warranty, negligence and tortious misrepresentation.

Manufacturers are liable for product defects that occur during the manufacturing process due to Section 402A of the Restatement of Torts. This also includes cases that involve manufacturer failure to provide ample warnings to consumers, even if there were no issues with the manufacturing process.

The Uniform Commercial Code (U.C.C.) has been adopted in part by Texas. The U.C.C. provides how warranties in the United States are handled. A warranty is a guarantee provided to the consumer by the product seller. If the quality of the product turns out to be less than what was represented, the seller could be held liable. There are two kinds of implied warranties: an implied warranty of fitness for a particular purpose and an implied warranty of merchantability.

One of the most common methods plaintiffs use is negligence. In order to prove negligence on the part of the defendant, the plaintiff needs to prove five elements. These five elements include the following:

- A duty to the plaintiff was owed by the manufacturer.

- The duty to the plaintiff was breached by the manufacturer.

- The plaintiff's injury was actually caused by the breach of duty by the manufacturer.

- The proximate cause of the plaintiff's injury was caused by the manufacturer's breach of duty.

- The negligent act caused the plaintiff to suffer actual damages.

Tortious misrepresentation occurs when the plaintiff is hurt by relying on information provided by the seller about a product. This can occur in three ways. The first is if the seller knowingly defrauds the buyer. The second is when the seller commits negligent misrepresentation. The third way is when a company makes a public statement about a product's safety, which can lead to strict liability.

An experienced products liability attorney can answer all of your questions and explain your rights in Nashville, Tennessee.

Source: FindLaw, "Legal Basis for Liability in Product Cases," accessed March 07, 2017

No Comments

Leave a comment
Comment Information
Bart Durham Injury Law

You Deserve To Be Paid For What You've Gone Through

Our attorneys have more than 75 years of experience helping people like you.

Results For Our Clients

  • $3 Million Settlement - Passenger Hit By A Drunk Driver
  • $1 Million Judgment - Passenger Hit By A Drunk Driver
  • $1,450,000 Settlement - Passenger Hit By A Truck
More Client Results

Testimonials

  • "All of the staff members at Bart Durham Injury Law are very friendly and great to work with. They have open lines of communication with their clients, and respond in a timely manner. I trust them with my legal matters, and would advise anyone else in need of a lawyer to contact them first." - Julia Batson
  • "Bart Durham has a great team of people who are quick to respond and quick to help. The first time I met with them, they were kind and welcoming, and really listened to what I had to say. After my accident, I wasn't sure what to do, or how to get started. They took me through the process step by step, and got me the help I needed to continue on with my life. This is a friendly team with a dedication to helping people, and I'm so thankful for them!!" - Kara Davidson
More Testimonials