Blog of Charles Bryan Alred
Products Liability Law in Oklahoma
Posted on July 26, 2016
Fault in an automobile accident can be attributed to a number of reasons, ranging from driver error or a defect in the manufacturing process. Over the past few years, the largest manufacturer of car airbags, Takata, has gained worldwide attention after a products liability investigation by the National Highway Traffic Safety Administration found that the airbags were defective. Specifically, the airbags were found to explode and release sharp fragmented pieces in certain circumstances, causing serious injury and even death to some drivers. This discovered defect has resulted in the largest automotive recall in history, with 34 million cars affected in total thus far. While Takata has not yet taken full responsibility, they have admitted to manufacturing errors, as well as flaws in design and the components.
Products liability holds a party to the manufacturing process liable for supplying the consumer with the defective product. The responsible party to the manufacturing process can range from the manufacturer to the wholesaler to the retailer, depending on where in the chain of supply the defect is identified. Products liability can be based on a range of theories, including negligence, strict liability and breach of warranty of fitness. The bottom line is that with any faulty product, it can cause serious personal injury.
Elements of the Claim
To prove a products liability claim, the consumer must show (1) they have suffered injury or loss (2) the product was defective (3) the defect caused the injury and (4) they were using the product as intended. The injuries that resulted must be real and have caused a monetary loss to the consumer. The consumer must show the product is defective by proving either a design defect, manufacturing defect, or defect in marketing/failure to adequately warn the consumer. Because of these complexities, it is imperative that anyone hurt by a consumer product reach out to a skilled attorney for help.
Let Us Assist You with Your Case
Have you been injured by a defective product? Contact the office of Charles Bryan Alred, PC in Tulsa Oklahoma to discuss your case. Our professionals can begin working on your case immediately. Give us a call at (918)745-9960.