Engles, Ketcham, Olson & Keith, P.C.

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Products Liability

Strict Liability
If the gas tank of your car explodes causing injuries, you may be able to recover damages. Products liability is an area of law covering personal injuries and damages caused by defective products. A defective product is a product that causes injury or harm because of a flaw in the product. Sometimes the design of a product makes it dangerous. A defect can also result from a mistake in the manufacturing process or a failure to warn of the product's dangers. A manufacturer has a duty to sell safe products to consumers. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers strict liability for defective products. More...
Negligence
Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty. More...
Misrepresentation in Product Liability
Product liability occurs when the manufacturer or seller of a defective product allows that defective product to get into the hands of a consumer. When a manufacturer or seller misrepresents a product, that misrepresentation can be the basis for a product liability action. In the product liability context, misrepresentation occurs when product advertising, packaging, labels, or other product information available to consumers misrepresent material facts concerning the quality or use of the product. More...
Contaminated Blood Product Litigation
When patients are faced with life threatening injuries or diseases, they sometimes rely on blood donations to save their lives. What happens when the blood they rely on to save them actually makes them sicker? More...
Jury Instructions in Products Liability Lawsuits
The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty. More...

Areas of Practice

  • General Civil Practice
  • Insurance Defense
  • Litigation
  • Trials
  • Insurance Law
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