You may have heard about the existing legal rule Caveat empator, Latin for “Let your buyer beware.” In case a buyer purchased shoddy goods, paid exorbitant prices, or did not browse the fine print inside a contract, any problem was regarded as their own fault. But when he’s a victim of some bad deal, there are laws that really help protect consumers and a san antonio lawyer will help you make a claim.
What redress can be obtained if someone is injured by an exploding bottle, contaminated food, or an appliance that catches fire? The customer can sue under the product warranty. But suppose someone else is hurt, or the seller has specifically disclaimed any warranties?
Before, it was necessary to prove that the damage was due to negligent or improper manufacturing or handling of the product. Sometimes negligence is pretty obvious (an inactive mouse is found in a bottle of soda). But in many cases it may be difficult to prove negligence in manufacture, or to determine who was at fault.
Today, many states impose strict liability on anybody who sells the consumer product, from a manufacturer to the retailer. The injured person need only show evidence how the product was defective and caused the damage. The rule of strict liability is applied in several instances involving food, drugs and medicines, clothing, cosmetics, and other products designed for bodily use, and products inherently dangerous just like automobiles. In other instances, it could still be necessary to prove negligence in manufacturing. This will depend upon their state law.
A warranty can be a guarantee or promise about the quality of condition of merchandise and units; it sometimes includes a promise to fix the unit. An express warranty is one actually made by the producer of the units. If he creates an express warranty, the state will emphasize that he has made an implied warranty on how the merchandise is fit with the objective that they’re being purchased for.
If the goods don’t live up to the warranty, and the buyer gets injured because of a defective product, the buyer may work with a San Antonio lawyer to sue for damages and get his money back.