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Motor Vehicles

Motor vehicles can have design defects and manufacturing defects. If a defect causes harm to a consumer, the manufacturer can be held liable for damages.

Aviation Breach of Warranty Claims

When an aircraft does not function properly, the operator of the aircraft may have a products liability action against the manufacturer based on breach of warranty. A warranty is a promise made by the manufacturer about the quality or performance of the product. A warranty can be express (oral or written) or implied (unspoken or unwritten).

Article 2 of the Uniform Commercial Code

Most product liability law is based on Article 2 of the Uniform Commercial Code (UCC). The Uniform Commercial Code provides contract-based grounds for products liability. The Uniform Commercial Code has been adopted in every state, although the version of the Code may vary from state to state.

Direct-to-Consumer Advertising of Prescription Drugs

What is the learned intermediary doctrine?

Proving Damages in Product Liability Cases

Proof of damages is an important element in a products liability lawsuit. The plaintiff (the person suing) has the burden of proving any damages that were caused by using a defective product. Products are defective when they have an inherent flaw or are improperly manufactured. If the defective product causes personal injuries or property damage when used by a consumer, the consumer can sue the manufacturer to recover damages.