Idaho Falls and Products Liability Law

The manufacture, marketing, and sale of products is lead by many state and federal laws. Also, there's a Model Uniform Products Liability Act which was drafted by the United States Department of Commerce for use by the states on a voluntary condition. Products liability law considers the legal responsibility of all parties associated with the manufacture, sale and use of a product that brings about damage to a user. Product liability claims are often based upon principals of negligence but can also be established on theories of absolute liability or breach of warranty. Thomsen Holman Wheiler PLLC can assist in explaining this liability.

Commonly, claims grounded from harsh liability assert that the product was nontypically unsafe when it was sold to the product user and that the injured person should only have to show that the product was faulty and caused the complained of harm. There are, often times, many different types of product defects: (1) design defects; (2) manufacturing defects; and (3) marketing defects. Periodically, all three defects are claimed to exist in a product.

Design defects are difficulties with the product that existed prior to it being manufactured. Manufacturing defects arise during the construction or production of the product and are often a deviation from the aimed design of the product. Defects in marketing incorporate improper instructions and/or a failure to deliver proper warnings. Product liability claims may be brought against both the manufacturer and seller of the product. Even products that are made wholly outside the United States can subject the foreign manufacturer to liability within the United States. Whether the seller is ultimately accountable for damages caused by a product will likely depend upon the seller's knowledge of the product and its alleged defects.

Each state possess its own statute of limitations-the time by which a claim absolutely must be filed or it is lost. From time to time, more than one statute may relate being conditioned upon the type of claim being made. The time period most often starts to run from the date the injury or harm happened. Yet, some states have a discovery rule that postpones the starting of the statutory period until the harm or injury is recognized. The discovery rules normally have limitations also. Buyers, users, and bystanders could potentially sue for damages or injuries received by a defective product. The attorneys at Thomsen Holman Wheiler PLLC have experience dealing with claims against manufacturers and sellers of products. We have upheld and prosecuted product liability law claims. If you have been injured by a flawed product or if you are facing a claim that your product caused damage to someone, we would be happy to visit with you.