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Types of Product Liabilities

Serving Lexington, Camden, Columbia, Sumter, and Newberry, SC.

Labeling

As of October 6, 2008, the Consumer Product Safety Commission (CPSC) has imposed some new rules regarding the labeling requirements for toy and game advertising. Among these rules are specifications for prominent placement of warnings. One such change requires the placement of a warning on a web page near the top of the advertisement, where it will be seen without having to scroll down below the visibility of the first screen. Catalog ads and packaging will also be required to make warnings more prominent.

Misrepresentation

Manufacturers, distributors, and sellers are all required to accurately represent products they produce, advertise, or sell. Despite the lengthy history of government efforts to prevent misrepresentation of products, people find ways around the existing laws either intentionally, negligently, or by ignorance, and manage to get defective or dangerous products to market.

When a product is manufactured outside of the United States for a U.S. registered corporation, that corporation is responsible for the quality and safety of the product. These products must meet the same standards as those manufactured in this country.

Warranty

Warranty liability is extended to the consumer (person or business) that purchases a product or service. Warranties are an attempt to shift liability onto a wrongdoer in the event damage is caused by a product or service. Warranties often follow the product during the period of time covered, but sometimes the transfer of that product to a secondary consumer voids the warranty.

Negligence

Negligent product liability occurs when a party responsible for producing or delivering a product has caused that product to be dangerous or defective, resulting in loss or injury to the consumer.

Laws that allow comparative negligence allow allocation of partial liability to all parties according to their contribution to the damage. Joint liability ensures that if one party is unable to pay, all other parties will be held responsible for the full amount of damages.

If you think you might have a product liability claim, please contact the experienced lawyers at McWhirter, Bellinger, & Associates, P.A. for a free consultation. Their offices are conveniently located in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter, South Carolina.

With offices in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter, South Carolina, our personal injury lawyers are ready to serve you. Call us today at 1-866-716-1771 .

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