If a dangerous or defective product has injured you, you will have an easy time getting compensation if you involve a product liability lawyer and in fact, the process might be much easier than other injury cases. This is because the theories surrounding this law have evolved over time within the product liability law.
You may actually be able to recover against a seller or manufacturer based on one or more of these factors, and depending on the law of the land.
- Breach of warranty
- Strict liability
The most commonly used theory is strict liability and is explained here.
Defining strict liability
In a normal scenario when you want to hold someone liable for your injuries, you must prove that they were negligent or careless, and that this is what led to the injuries. However, it is prohibitively expensive and difficult to prove to a manufacturer that a product sold to the public harmed you because of negligence or carelessness on their part. A consumer is not in a position to prove if a product renter or a retailer has good system to confirm the manufacturer’s defects, or if the defects occurred after leaving the manufacturer. Moreover, you cannot subject a consumer to a thorough check of each product in search of defects or in an attempt to find out it is dangerous.
Because of this, the law has come up with a strict liability doctrine, which allows the injured person to get compensation for the product manufacturer or seller without proving actual seller or manufacturing negligence. At this point, you may be wondering how strict liability works?
How it works
This law operates against a retailer or renter, not a manufacturer who rented or sold a product, and only if they are in the business of renting or selling the particular product regularly. This means that if the product that harmed you came from a garage sale, market stall or a thrifty stall that sells all kinds of things and not a particular item regularly, this law may not apply.
For the law to become effective for you, the following conditions must be satisfied.
- The product had an unduly dangerous defect that injured the consumer or user, and that the defect is because of faulty design during the manufacturing process, handling, or shipping
- The product caused the injury while being used as intended by the manufacturer
- The product had not been changed in any way or substantially from the original condition in which it was sold, in which case substantially means in a way that it affects the product’s performance
Judgment for that Claimant for breach of contract against Bella Calabria 2005 srl – “El Caribe” development.
PALERMO, Italia, 12 April 2012: In March 2012, a legal court in Locri, Calabria, passed down its judgment according of the claim introduced by Giambrone Law ILP with respect to its client against Bella Calabria 2005 srl. The judgment purchased Bella Calabria to refund the sum of the €72,678.29 towards the buyer which symbolized the deposit compensated towards an order within the El Caribe development.
El Caribe was promoted like a 5 start resort within the North East from the region of Calabria by Bella Calabria and Italian Connection (area of the Medsea Estates Group). Real Estate team at Giambrone Law aided using the initial contractual discussions between your purchasers and Bella Calabria and drafted the Preliminary Contracts. The judge within this newest judgment declared anything between your parties to become null and void because Bella Calabria hasn’t honoured its obligation to supply the customer having a fidejussione (bank guarantee).
“There is definitely a danger when purchasing off-plan and Calabria could only be referred to being an untested market at that time when nearly all purchasers compensated their initial deposit” said Avv. Gabriele Giambrone who’s the Controlling Partner of Giambrone Law ILP, the top rated Anglo-Italian lawyer and broadly recognised among the leading experts on Italian law working in london.
“Calabria – like a marketplace for off-plan qualities – increased too rapidly and most of the contractors were impacted by the worldwide financial crisis. Although you will find always risks, Italian law safeguards purchasers during these conditions and really should go a way to rebuilding affected clients’ belief in the area.”
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