Product Liability
Consumers who have been injured or have had property damage as a result of using a defective or dangerous product have the right to sue the product manufacturer and/or establishment that sold the product for the cost of damages.
What is Product Liability?
Product liability is the legal term used when referring to holding a manufacturer or seller responsible for placing dangerous or defective products in the hands of consumers. So, if a product doesn’t meet typical expectations of a consumer, the manufacturer or retail establishment that sold the product can be held liable for damages caused by the defective or dangerous product.
Pruct Liability Law
Product liability laws are governed by each individual state. This means, whether a lawsuit can be filed and the terms of the lawsuit vary depending on the state in which the case was filed. Some states take the product’s defects, the injury or damaged caused, the defendant’s standard of behavior, and the way the product was used into consideration when determining whether a store or manufacturer is liable for damages. However, there are some states that have strict product liability laws that don’t take the defendant’s standard of conduct into consideration during a product liability lawsuit, which makes it possible for a plaintiff to prove a case without proving that the store or manufacturer was knowingly negligent.
Product Liability Claims
A person who has been injured by a product that he or she used has the right to seek compensation by filing a defective product liability claim. Typically, defective product liability claims fall into one of three main categories: defective design, defective manufacture, or failure to provide adequate instructions or warnings with the product.
In order to prove a defective product liability claim, the plaintiff must prove that:
- He or she was injured as a result of using the product and suffered losses.
- The product is, in fact, defective.
- The injury was caused as a result of the product’s defect.
- The product was being used as intended.
In order to prove a claim in a strict product liability case, the plaintiff must prove:
- The product was sold in a condition that’s considered unreasonably dangerous.
- The product seller expected, and intended, the product to be sold as-is, meaning the product would reach the consumer without changes being made to the product.
- The defective product caused injury to the plaintiff or damage to the plaintiff’s property.
Product Liability Cases
Product liability law covers a wide range of product defects. Defectively manufactured products might include items such as:
- A swing set that came with a set of cracked chains for the swing.
- A moped/electric bike that is sold without brake pads.
- A tainted batch of cold medicine that contains some sort of poisonous substance.
Products with defective designs might include products such as:
- A specific car model that tends to flip easily when turning a corner.
- Sunglasses that don’t protect the consumer’s eyes from UV rays as they were intended.
- Electric blankets that shock the user when they are turned on.
Products that don’t include adequate instructions or warnings might include products such as:
- Over-the-counter medication that does not contain a warning about dangerous side effects that might occur when the product is used with another specific type of medication, such as aspirin.
- Corrosive, paint-removing chemicals that don’t include instructions telling the consumer how to use the product safely.
- An electric kettle that doesn’t provide the consumer with a warning concerning its oddly placed steam valve.
Product Liablity Attorney
An experienced product liability attorney has the knowledge needed to file a product liability claim within the state’s statute of limitations, as well as overcome common problems with product liability cases. If you’ve obtained an injury from a defective or dangerous product or a defective product has caused damage to your property, you should consult a product liability attorney to see if you qualify for compensation.