Product Liability
Products liability refers to the legal liability that results from products
containing inherent defects that cause harm to a consumer of the product.
Products liability claims can be based on negligence, strict liability, or
breach of warranty of fitness. There are three primary types of product
defects that incur liability for manufacturers and suppliers: design defects,
manufacturing defects, and defects in marketing. Design defects are
inherent; they exist before the product is manufactured.
Lemon Laws
Lemon laws vary from state to state. If you suspect you have a vehicle
problem that might fall under your state's lemon law, call your local or
state consumer protection agency to find out about your rights under the
lemon law.
Generally, you must meet a set of requirements to establish that your
vehicle qualifies under the state lemon law. Once your vehicle has met
the requirements of the lemon law in your state the law then defines a
process that is required to receive compensation.
Products liability refers to the legal liability that results from products
containing inherent defects that cause harm to a consumer of the product.
Products liability claims can be based on negligence, strict liability, or
breach of warranty of fitness. There are three primary types of product
defects that incur liability for manufacturers and suppliers: design defects,
manufacturing defects, and defects in marketing. Design defects are
inherent; they exist before the product is manufactured.
Lemon Laws
Lemon laws vary from state to state. If you suspect you have a vehicle
problem that might fall under your state's lemon law, call your local or
state consumer protection agency to find out about your rights under the
lemon law.
Generally, you must meet a set of requirements to establish that your
vehicle qualifies under the state lemon law. Once your vehicle has met
the requirements of the lemon law in your state the law then defines a
process that is required to receive compensation.
Warranties
When you make a major purchase, the manufacturer or seller makes an
important promise to stand behind the product. It's called a warranty.
Federal law requires that warranties be available for you to read before
you buy even when you're shopping by catalog or on the Internet.
Coverage varies, so you can compare the extent of warranty coverage
just as you compare the style, price, and other characteristics of
products. There are several types of warranties. They are reviewed
below.
Written Warranties
Although not required by law, written warranties come with most major
purchases.
Spoken Warranties
If a salesperson makes a promise orally, such as that the company will
provide free repairs, get it in writing. Otherwise, you may not be able to
get the service that was promised.
Warranty Pieces
When you buy a car, home, or major appliance, you may be offered a
service contract. Although often called "extended warranties," service
contracts are not warranties. Service contracts, like warranties, provide
repair and/or maintenance for a specific time. Warranties, however, are
included in the price of the product; service contracts costs extra and are
sold separately.
Implied Warranties
Implied warranties are created by state law, and all states have them.
Almost every purchase you make is covered by an implied warranty.
Warranty of Merchantability
The most common type of implied warranty—a "warranty of
merchantability," means that the seller promises that the product will do
what it is supposed to do. For example, a car will run and a toaster will
toast.
Warranty of fitness for a particular purpose.
This applies when you buy a product on the seller's advice that it is
suitable for a particular use. For example, a person who suggests that
you buy a certain sleeping bag for zero-degree weather warrants that the
sleeping bag will be suitable for zero degrees.
If your purchase does not come with a written warranty, it is still covered
by implied warranties unless the product is marked "as is," or the seller
otherwise indicates in writing that no warranty is given. Most states,
including Ohio, permit "as is" sales.
If problems arise that are not covered by the written warranty, you should
investigate the protection given by your implied warranty.
Implied warranty coverage can last as long as four years, although the
length of the coverage varies from state to state. A lawyer or a state
consumer protection office can provide more information about implied
warranty coverage in your state.
When you make a major purchase, the manufacturer or seller makes an
important promise to stand behind the product. It's called a warranty.
Federal law requires that warranties be available for you to read before
you buy even when you're shopping by catalog or on the Internet.
Coverage varies, so you can compare the extent of warranty coverage
just as you compare the style, price, and other characteristics of
products. There are several types of warranties. They are reviewed
below.
Written Warranties
Although not required by law, written warranties come with most major
purchases.
Spoken Warranties
If a salesperson makes a promise orally, such as that the company will
provide free repairs, get it in writing. Otherwise, you may not be able to
get the service that was promised.
Warranty Pieces
When you buy a car, home, or major appliance, you may be offered a
service contract. Although often called "extended warranties," service
contracts are not warranties. Service contracts, like warranties, provide
repair and/or maintenance for a specific time. Warranties, however, are
included in the price of the product; service contracts costs extra and are
sold separately.
Implied Warranties
Implied warranties are created by state law, and all states have them.
Almost every purchase you make is covered by an implied warranty.
Warranty of Merchantability
The most common type of implied warranty—a "warranty of
merchantability," means that the seller promises that the product will do
what it is supposed to do. For example, a car will run and a toaster will
toast.
Warranty of fitness for a particular purpose.
This applies when you buy a product on the seller's advice that it is
suitable for a particular use. For example, a person who suggests that
you buy a certain sleeping bag for zero-degree weather warrants that the
sleeping bag will be suitable for zero degrees.
If your purchase does not come with a written warranty, it is still covered
by implied warranties unless the product is marked "as is," or the seller
otherwise indicates in writing that no warranty is given. Most states,
including Ohio, permit "as is" sales.
If problems arise that are not covered by the written warranty, you should
investigate the protection given by your implied warranty.
Implied warranty coverage can last as long as four years, although the
length of the coverage varies from state to state. A lawyer or a state
consumer protection office can provide more information about implied
warranty coverage in your state.
Small Claims
Although laws vary from state to state and locality to locality, small
claims courts generally hear disputes involving amounts from between
$1,000 and $5,000.
Class Action Suits
Class action law suits provide a means whereby large numbers of
claimants may have their causes involving common questions of fact or
law adjudicated in a unitary proceeding. Prior to certification of a class,
the court must find a sufficiently large number of class members exist to
make joinder impractical. Therefore, since all claimants cannot be
named parties in the lawsuit, the action is by its very nature a
representative proceeding. The named class plaintiff representatives in
addition to prosecuting their own claims serve on behalf of and pursue
claims belonging to the absent class members. Further, the attorneys
and named plaintiffs representing the ostensible plaintiff class assume
fiduciary responsibilities to protect the interests of the absent class
members.
Inherent in any class action is the potential for conflicting interests
among the class representatives, class counsel, and absent class
members. The interest of lawyer and class may diverge, as may the
interests of different members of the class. Both class representatives
and class counsel have responsibilities to absent members of the
class .
The class action procedure represents an exception to the general rule
that one cannot be bound to a judgment rendered in a proceeding
wherein one was not joined as a party.
Although laws vary from state to state and locality to locality, small
claims courts generally hear disputes involving amounts from between
$1,000 and $5,000.
Class Action Suits
Class action law suits provide a means whereby large numbers of
claimants may have their causes involving common questions of fact or
law adjudicated in a unitary proceeding. Prior to certification of a class,
the court must find a sufficiently large number of class members exist to
make joinder impractical. Therefore, since all claimants cannot be
named parties in the lawsuit, the action is by its very nature a
representative proceeding. The named class plaintiff representatives in
addition to prosecuting their own claims serve on behalf of and pursue
claims belonging to the absent class members. Further, the attorneys
and named plaintiffs representing the ostensible plaintiff class assume
fiduciary responsibilities to protect the interests of the absent class
members.
Inherent in any class action is the potential for conflicting interests
among the class representatives, class counsel, and absent class
members. The interest of lawyer and class may diverge, as may the
interests of different members of the class. Both class representatives
and class counsel have responsibilities to absent members of the
class .
The class action procedure represents an exception to the general rule
that one cannot be bound to a judgment rendered in a proceeding
wherein one was not joined as a party.
Product Liability, Lemon Laws
and Warranties
and Warranties
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| Law Offices of Christopher J. Shellito, Esq., LLC 5510 Pearl Road, Suite 300 Parma, Ohio 44129 (440) 885-LAWS (5297) (440) 885-5318 Facsimile E-Mail: chris@shellitolaw.com |