What is Product Liability?
According to New Hampshire law, Section 507-D:1, a product liability action is defined as the following:
“[A]ny action brought for or on account of personal injury, death or property damage or other damage caused by or resulting from the development, manufacture, construction, design, formula, preparation, assembly, testing, warning, instructing, advertising, marketing, certifying, packaging, or labeling of any product. The term includes all such actions, regardless of the legal theory relied upon, whether strict liability in tort, negligence, breach of warranty, breach of or failure to discharge a duty to warn or instruct, misrepresentation, concealment, nondisclosure or any other theory whatsoever.”
A company can be held responsible by a person for any injury, injuries resulting in death, as well as the damage to their property caused by the company’s product. If the defective product has caused suffering, compensation may be sought. Medical bills, wrongful death, injury, suffering, and more are all reasons to seek compensation.
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NH Product Liability Law
You have the right to seek compensation if you experience suffering or damages resulting from a defective or faulty product. You have the right to seek compensation from those responsible. There is a statute of limitations involved in product liability cases. According to New Hampshire law Section 507-D:2, you are not able to file:
- 3 years or more after the injury reasonably should have been discovered
- 12 years after the product was sold or given away
- 12 years after a lessor or licensee has had the product in their possession
In the case of deception or fraud, if the company or manufacturer attempted to cover up the defect in the product, hiding the dangers, you may still be able to seek compensation even after the times limits stated above. If you are harmed by the product, you can hold them liable for your damages.
When to Contact our Product Liability Attorneys
There are many ways that negligence regarding a product can lead to injury. Negligence on the dangers the product poses or negligence during the production, creation, or design of the product can also lead to injury. If safety testing is not performed during the production of the product, this is a very obvious negligent action. These negligent actions can be considered dangerous and lead to your injury.
Intentional Misrepresentation or Fraud
If a manufacturer creates or produces a product and is aware that there is a danger that their product poses, yet they work to misrepresent or mislead the consumer by covering up the dangers, this is a product liability action. This is also difficult to prove. The manufacturer must work to misrepresent the danger.
Breach of Express or Implied Warranty
If the product leads the consumer to believe that it can perform a task or guarantee a result, then it is an express or implied warranty.
Strict Tort Liability
The strict tort liability allows the consumer to only prove that they used the product as directed and were still injured.