What are the different types of product liability claims?

Product liability claims can be broadly defined as any claim where a person is injured or killed as a result of using a dangerous or defective product. In South Dakota, product liability claims can be divided into three main categories: negligence, strict liability, and breach of warranty. Negligence claims are claims where a person or company is accused of failing to act with reasonable care when designing, manufacturing, selling, or distributing a product, resulting in injury or death to a consumer. Strict liability claims are claims that are based on the fact that the product is considered “inherently unsafe,” regardless of whether the manufacturer was negligent or not. Lastly, breach of warranty claims are claims that involve a breach of an expressed or implied warranty regarding the safety, quality, and performance of a product. Any of these types of claims can be filed in a court of law in South Dakota; however, it is important to note that the burden of proof always rests with the claimant in product liability claims. In order to win a product liability case, the claimant must prove that the product was either defective in design, manufacture, or marketing, and that this defect caused the injury or death in question.

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What are the different types of product liability claims?

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