Additional Types of Liability Law
In case you missed it, some of the kinds of liability our Tacoma personal injury attorneys discussed last week were: joint liability, vicarious liability, strict (or absolute) liability, limited liability, plaintiff/victim liability (also known as contributory negligence), and third party liability. Other types of liability we’ll go over today include lender liability, social host liability and product liability. Oftentimes these descriptive categories can intersect as well, for instance when a corporation is determined to have strict product liability (i.e. if the corporation was unaware of the fact that a product they released was unsafe.)
Product Liability Law
Product liability law encompasses the governing rules surrounding responsibility for defective or hazardous products, and is differentiated from other forms of injury law in a number of notable ways. Generally speaking, everyone directly involved in the distribution chain of a product can be held liable for any defects or dangers involved with the product because the product cannot be said to meet the ordinary expectations of the consumer. This includes the manufacturer, the distributor, the wholesaler and the retailer. Another relevant factor in determining product liability is the product’s consumer warranty, which is a guarantee from the manufacturer of quality and successful function.
Social Host Liability Law
Many states, including Washington, have passed
social host liability laws. These laws hold event hosts responsible for any problems related to underage drinking or smoking that occurs in their home. Hosts can be held liable for injuries of any and all parties involved in any kind of drinking or smoking related accidents, such as alcohol poisoning, alcohol-related injuries, etc. Notably, hosts cannot be held responsible in Washington for the occurrence of underage drinking in their home if they did not provide the alcohol. Similar to
social host liability are dram shop laws, which hold bars, restaurants, or other establishments responsible for conflicts caused by underage drinking.
Lender Liability Law
Lender liability dictates the rules by which a person loaning capital or products can hold the loaning parties liable for any conflicts that occur. If lenders do not treat borrowers fairly, they can be subjected to borrower litigation. A common law that comes up in cases of borrower litigation is the parol evidence rule, which can hold a party (usually the lender) at fault if there is not consistency between the oral and signed agreements between both parties. For instance, if a family were to fall prey to a predatory home loan agent, they might have a case against their agent if they can adequately assert that there were significant differences between the contract they signed and how the agreement was presented to them verbally.
Now that you have a better understanding of additional different types of liability laws, you will be better equipped to resolve conflicts that may come up in various facets of your life. Sometimes, however, you will find yourself in situations where you’re not able to resolve a dispute between yourself and another party.
Should you need help determining who might be deemed liable in such a situation and what the best course of legal action is for the matter, contact us, Tacoma personal injury attorneys, at the Evergreen Personal Injury Counsel.
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