There are three ways that a manufacturer can be liable for damages caused by a product. First, the manufacturer can be negligent in how the product was originally designed or built. To establish negligence, you must prove that the manufacturer used inferior procedures or poor materials in building the product. Second, the manufacturer may have breached an express or implied warranty. To establish breach of warranty, you must prove that the manufacturer failed to live up to the promises made about the product. Third, the manufacturer may be held strictly liable. To prove strict liability, you do not have to establish that the manufacturer was directly at fault. In such a case, you can file a product liability suit against a manufacturer. All you have to do later is prove that a product was defective when it left the manufacturer’s control, or that there were not appropriate warnings given concerning its dangerous nature.
Sometimes, products will be sold with a disclaimer saying that the manufacturer is not responsible for certain problems. That does NOT mean you don’t have a case. Oftentimes, Court and consumer protection laws override such disclaimers as violating public policy. For additional information regarding product liability, you should consult with an experienced attorney.