When a consumer is injured by a defective product this gives rise to a products liability claim. There are three types of claims:
- breach of warranty,
- or strict liability.
The breach of warranty claim arises out of contract, and is a claim that the manufacturer failed to meet its obligation either in a written warranty, or an implied warranty created by law. If a consumer is injured as a result, then she may sue for her injuries.
Negligence for product liability is similar to ordinary negligence. There must be a duty, breach, causation, and damages.
Under strict products liability, the consumer must prove that the manufacturer created an unreasonably dangerous product, provided it in an unreasonably dangerous or defective condition, or failed to properly warn the consumer of a hazard with the product.
Products liability claims are often very complex and require multiple experts.