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Reasonable Care The term "reasonable care" or "standard of care" often comes up in unsafe products litigation, and for good reason: the idea of reasonable care is at the heart of products liability. The law expects that both manufacturers and consumers will act with reasonable care. This means that a manufacturer will develop a product that is safe for a reasonable consumer to use as intended. For example, it is reasonable for a manufacturer to design automobiles to be crashworthy, or able to sustain an automobile accident with minimal impact and injury to passengers. At the same time, it is reasonable for a customer to drive an automobile in a rational and safe manner. Although, a manufacturer is not at fault if an individual behaves in an erratic manner no matter what the results of a vehicle crash or other destruction may occur. Reasonable care extends to the actions of consumers when using a product. An example of this comes down to if a consumer disregards a warning label on a product, which was placed on the product under reasonable standard of care. Unavoidable Dangers Under the standard of reasonable care, manufacturers are expected to adequately warn consumers about the potential dangers of their products. However, manufacturers cannot be held liable for unavoidable dangers of a product. For example, manufacturers often place potentially unsafe products - such as heavy machinery or drugs - on the market. Consumers who disregard the risks and warnings of heavy machinery or prescription drugs cannot reasonable hold a manufacturer or company liable for their erratic actions. Caveat Emptor No More? The law used to favor businesses with a strict caveat emptor ("let the buyer beware") interpretation of products liability law. However, the courts are beginning to recognize more and more responsibility on the part of businesses and manufacturers to inform their customers about the inherent risks of their products and to design their products with safety in mind. Businesses are liable for products that pose a danger to consumers. This is a good tool for consumer protection - strict liability laws hold manufacturers accountable for educating the buyer and creating safe products for consumers and gives consumers redress when they have suffered injury from an unsafe product. If you have been harmed by an unsafe product, consider contacting an attorney experienced in the field of products liability law. A lawyer with experience in unsafe products litigation can help assess whether you have a valid claim and lead you through the legal process. Article Source: http://www.articlewheel.com
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