Product liability commonly refers to the liability of any or all parties in the manufacturing chain of any product for damage caused by that product. This includes the manufacturer of component parts, the assembling manufacturer, the distributor, and the retail store owner. Generally, product liability claims fall into one of three broad categories: negligence, breach of warranty, and strict liability. Regardless of the category, Rebar Kelly attorneys have vast experience helping insurance companies and self-insureds defend against product liability claims.
There is no federal product liability law, so the applicable law is determined by individual states. In Pennsylvania, New York, and New Jersey, however, it is recognized that the plaintiff must establish (1) that a defect existed; (2) that the defendant knew about the defect; and (3) that the plaintiff was harmed because of the defect. In each case, our attorneys conduct a fact-intensive investigation into the plaintiff’s allegations to ensure that the plaintiff satisfied their burden of proof.
The defense raised in a product liability claim depends on the type of allegation that was made. Those allegations may include manufacturing defects, design defects, and/or warning defects. Nonetheless, our lawyers have expertise in mounting defenses to each type of product liability allegation. A few defenses that may be raised, depending on the type of allegation made, include:
- The product design did not cause the injury
- The plaintiff was also negligent
- The plaintiff assumed the risk in using the product
- The plaintiff disclaimed the warranty
With respect to any type of product liability claim, Rebar Kelly employs individualized knowledge about the injury mechanisms to put forth the best applicable defense. Our strategy and team approach includes experienced partners, associates, and paralegals capable of handling basic, as well as highly complex, product liability matters.