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Madison Product Liability Lawyers, Lawsuits, & Attorneys| Law Firm Name | Location | Contact Info |
| Shaffer & Shaffer |
PO Box 38, 330 State St, Madison, WV 25130-1365 |
(304) 369-0511 http://www.shafferandshafferlaw.com |
A product is deemed defective if it does not provide the level of safety that the community generally is entitled to expect. The level of safety will vary from Madison product liability case to case and it is ultimately for the court to determine whether a product is defective. Products that are older would not necessarily be expected to be as safe as brand new ones. Similarly, in a Madison product liability lawsuit a product would not necessarily be deemed defective simply because the safety of later product models had been improved.
Product liability claims in Madison can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction. Many states have enacted comprehensive product liability statutes. These statutory provisions can be very diverse such that the US Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states.
In all Madison product liability lawsuits one must prove that the product is defective. There are three types of defective products that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. In a product liability lawsuit in Madison, a design defects are inherent; they exist before the product is manufactured. While the product might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. Manufacturing defects occur during the construction or production of the defective product. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
An individual has three years to bring action in a Madison product liability lawsuit from the time he or she becomes aware of the loss, the defect and the identity of the manufacturer. Any action must be commenced within ten years of the time the defective products were supplied by the manufacturer.
Product liability in Madison is generally considered a strict liability offense. Strict liability offenses do not depend on the degree of care by the defendant. The defendant will be deemed liable when it is proven that the product is in fact defective. If your Madison product liability lawyer can prove that there is a defect in the product that causes harm, the manufacturer or supplier will be held responsible, regardless of whether or not they exercised great care.
While the information presented on this website is accurate on the date of publication, it should not be cited or relied upon as legal authority. It is highly recommended that legal advice be obtained from a local Madison product liability lawyer .
If you or a loved one feel you have a product liability case, you need to
speak with an experienced Madison product liability lawyer as soon as posisble. You
probably have alot of questions, and chances are you may be afraid
of what may happen during your case. Good Madison product liability lawyers
in your area can help relieve this anxiety and stress. An experienced
and winning product liability lawyer in Madison can evaluate your case and determine
the chances your case has at succeeding. The fact is, you won't know
until you speak with a Madison defective products lawyer. Madison Product Liability Law News
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