You might have heard of the old legal rule Caveat empator, Latin for ?Let your customer beware.? In case a buyer purchased shoddy goods, paid exorbitant prices, or failed to see the terms and conditions in a contract, any difficulty was considered to be his own fault. However, if he is a victim of some bad deal, there are laws that really help protect consumers and a auto accident attorney can assist you claim.
What redress is accessible if someone else is injured by an exploding bottle, contaminated food, or an appliance that catches fire? The buyer can sue beneath the product warranty. But suppose someone else is hurt, or the seller has specifically disclaimed any warranties?
Before, it absolutely was essential to prove that the damage was due to negligent or improper manufacturing or handling of the item. Sometimes negligence is obvious (an inactive mouse can be found in a bottle of soda). However in many cases it may be hard to prove negligence in manufacture, or to determine who was at fault.
Today, many states impose strict liability on anybody who sells the consumer product, from a manufacturer to the retailer. The injured person need only show evidence how the product was defective and caused damages. The rule of strict liability is applied in several instances involving food, drugs and medicines, clothing, cosmetics, as well as other products intended for bodily use, and merchandise inherently dangerous just like automobiles. In other instances, it might be essential to prove negligence in manufacturing. It depends upon the state law.
A warranty is really a guarantee or promise concerning the quality of condition of products and units; it sometimes includes a promise to repair the product. An express warranty is one actually produced by the producer of the units. If he creates an express warranty, the law will emphasize that he has made an implied warranty on how the items are fit with the aim that they?re being purchased for.
If the goods don?t live up to the warranty, or the buyer gets injured due to a defective product, the buyer can work with a San Antonio lawyer to sue for damages and get his money back.
Source: http://www.theyellowads.com/legal/personal-injury-lawyer-information-defective-products
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