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Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Limiting Consumers' Recovery in Products Liability Lawsuits

Strict products liability is a legal doctrine that imposes liability for personal injury and property damage caused by defectively designed or manufactured products. The manufacturer or seller of such products is held responsible if the product injures a consumer who buys or uses the product.

Household Chemical Litigation

Almost any household chemical can be dangerous if swallowed or spilled. It is estimated that the average home in America contains over 60 toxic chemicals. Some of the commonly used household products that can be dangerous are air fresheners, ammonia, bleach, carpet and upholstery shampoos, dishwasher detergents, drain cleaners, furniture polishes, mold and mildew cleaners, oven cleaners, antibacterial cleaners, and toilet bowl cleaners. The injuries that these products can cause range from mild skin irritation to death.

The Food and Drug Administration's 2004 Initiatives for Dietary Supplements

Congress passed the Dietary Supplement Health and Education Act of 1994 (DSHEA), giving the Food and Drug Administration (FDA) power to adopt specific standards for dietary supplements. Dietary supplements include vitamins, minerals, herbs, botanicals, amino acids, and nutraceuticals.

Common Elements of Products Liability Cases

Products liability law covers personal injury and property damage that occurs when a defective product is used. There are several elements that are common to products liability cases. First, an injured person must prove that the product was defective or harmful. Second, it is necessary to show that the product was defective when it was purchased or delivered. Third, the injured person must show that the defective product caused the injury or accident.