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A products liability claim allows multiple theories of liability

Products liability law is the field of law whereby each segment within the chain of manufacture may be held liable for damage caused by a product. This may include the actual manufacturer, the assembler, the wholesaler and the Hawaii retailer of the product. The consumer who purchased the product or someone who used the product may be potential plaintiffs. The claim may be filed under a negligence theory, as a tortious misrepresentation, as a warranty claim or under strict liability.

Negligence is the basis for the vast majority of personal injury cases. Legal experts indicate that manufacturers have a duty to exercise reasonable care in the manufacture of their products, and reasonable is that care which an average manufacturer of similar products would follow. Misrepresentation involves a false statement made concerning the product that was relied on to the harm of the consumer. Tortious misrepresentation may be intentional or negligent, or there may be a strict liability component if public safety statements are made concerning the product.

A warranty may be actual or implied. Implied warranties may be of a general nature of merchantability or a more specific implied warranty of fitness for a particular purpose. The Uniform Commercial Code, adopted by each state, is the basis for warranty claims. Under certain circumstances, strict liability may attach in cases where a consumer suffered harm even though the manufacturer made no error.

Product liability law is a complex field of law. Manufacturers vigorously defend against claims of a defective product and often argue in defense that the consumer who suffered the injury misused the product or failed to heed the warnings regarding use. A products liability lawyer may be able to evaluate a case to determine its merits.

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