Damage awards should be capped for product liability suits - Research Paper Example

Download file to see previous pages This implies that if consumers are injured or suffer because of a product they purchase and use, they should possess a defective products claims. One of the key aspects of a product liability claim is determining the amount and the type of damages that a consumer suffers after using a product. Due to the complexity of determining the compensation, it is imperative for consumers to estimate their damages up front. For instance, if the consumer suffers minor injuries and the financial losses incurred are insignificant, then it implies that it is unnecessary to initiate a claim. In the same way, consumers who suffer fewer damages have a less chance of finding a lawyer as compared to those who incur significant damages. Customers who suffer significant damages are advised to catalog and list the damages at the beginning of their lawsuit (Kinzie and Mark 21).
The responsibility for a defective product lies with a manufacturer or anyone who supplied the product. On the part of the manufacturer, he is responsible for producing the product that causes damage to the consumer. In the same way, the initial design of the product may be of poor quality, thus resulting to the defects during the production process. Additionally, poor marketing by the manufacturer, making of misleading claims and lack of providing the correct information regarding the product makes the manufacturer to be responsible for a defective product. Once the products are distributed from the manufacturer to the retailers, the retailer can also be held responsible. It is important to note that if a manufacturer is no longer operating his or her business or it becomes difficult to identify the source of a defective product held by a retailer, consumers can seek for compensation from the retailers. This implies that all the members of the distribution channel have an obligation of ensuring that products they handle are safe (Moore and Michael 26).
Despite that consumers are the major ...Download file to see next pagesRead More