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.
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.
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.
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:
In order to prove a claim in a strict product liability case, the plaintiff must prove:
Product liability law covers a wide range of product defects. Defectively manufactured products might include items such as:
Products with defective designs might include products such as:
Products that don’t include adequate instructions or warnings might include products such as:
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.