Consumer Complaints

Have you begun to wonder lately whatever happened to customer service?

At one time, businesses were said to have operated on the basis that the customer was always right. Today, however, "customer service" might be the single greatest "oxymoron" of age. An "oxymoron" is defined as the combination of contradictory terms.

No doubt, every single one of us has, at one time or another, been made to feel that we were at fault for a faulty product. Businesses no longer wish to take responsibility for products that they want you and me to buy. It is true that some businesses have come to realize the lack of confidence they have created in you, the customer or the consumer, and are at least talking about such things as "service first."

Yet, have businesses really gotten the message or are they merely only talking about the problem? Have they taken any affirmative steps to address our concerns?

Well, now you have a voice, a collection of individual voices, to make your concerns known. We are here to assist in making your voice heard. We are WoodruffinjuryLaw.com
 

Product Liability

WoodruffinjuryLaw.com is currently tracking the progress of specific product liability issues as they pertain to Prescription Drugs/Herbal Remedies and Sick Buildings/Toxic Mold. Please refer to these sections for more in-depth information.

Products Liability Law Overview
Products containing defects that cause harm to a consumer are the subjects of products liability law. Consumers injured as a result of a defective product may be able to bring suit again the product�s manufacturer, wholesaler, store or salesperson, depending on the particulars of the individual action.

Products liability claims are usually based on negligence or strict liability. Many states have enacted comprehensive products liability statutes. There is no federal products liability law. In any jurisdiction, the liability of a defendant in a products liability case is determined when it is shown that the product is defective.

There are three types of product defects that incur liability:
 

• design defects exist before the product is manufactured.
  
   

• manufacturing defects occur during construction and production phases of a product. A product may be also considered defective if it fails to meet minimum legal standards for that type product. However, the fact that a product meets minimum legal standards does not necessarily protect a manufacturer or seller from liability.
  
   

• defects in marketing exist when improper details have been given to warn consumer of dangers involved in the use the product. The number of warning labels mandated for use with consumer products today is a testament to the success of failure-to-warn claims.

Products liability law is derived mainly from Torts Law, but is found mainly in common law (state judge-made law) and in the Uniform Commercial Code. Article 2 of the UCC deals with the sales of goods and it has been adopted by most states. It is important to remember that the concept of comparative negligence applies to products liability cases. If an injured consumer fails to exercise ordinary care in using the product that caused his or her injury, the amount of recovery can be reduced.