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Manufacturers, wholesalers, retailers and distributors have a duty to assure that their products are designed and distributed in a safe manner. The failure to implement appropriate safety mechanisms in vehicles, equipment, toys and many other products has caused many preventable injuries and deaths.

Product liability claims often invoke multiple theories of liability including the following:

  • Breach of warranty
  • Negligence
  • Strict liability
  • Misrepresentation

Read about the Misrepresentation of Defective Products.

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Breach of Warranty

Breach of warranty occurs when a seller fails to provide an appropriate remedy for promises made about a product. A product warranty usually includes specific and implied assertions regarding a product about a product. When a company fails to comply with the terms of the warranty coverage a valid breach of warranty may exist.


The failure of a responsible party involved in the production, sale or distribution of a product to use reasonable care may result in a valid negligence claim.

Strict Liability

In certain circumstances, proof that a defective product caused an injury may result in a valid strict liability claim. A claim involving strict liability does not routinely require proof of negligence or unreasonable conduct.


False or misleading advertisement that does not sufficiently detail the risks of a certain product may support a claim of misrepresentation.

Consumers are entitled to expect that products, used as intended, should be safely operational according to the directions and warranties. When a defective product has caused injury, any parties involved in the making and selling of that product may be held responsible for the damage.

At the Law Offices of Michael Barszcz, M.D., J.D., we represent clients on a contingency basis. This means that the attorneys are only paid a fee if there is a recovery in your case. To learn more about a product liability claim, please contact our product liability lawyer at the Law Offices of Michael Barszcz, M.D., J.D., for a free consultation.

  • $3,000,000

    Failure to diagnose and treat respiratory distress after delivery leads to respiratory arrest and brain injury (hypoxic ischemic encephalopathy)

  • $2,950,000

    Failure to diagnose and treat pre-eclampsia leads to maternal death.

  • $2,100,000

    Improper medication prescribed for patient with asthma leads to death.