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Product Liability Cases

Product liability cases involve civil lawsuits that are filed by any individual who suffers injuries as a result of a defective product. These suits can be brought against the manufacturer, wholesaler, or distributor of a defective product. A product is deemed defective if it is found to be reasonably dangerous for its intended use. According to a survey conducted in 1999, almost fifty percent of all emergency room medical treatment is administered to victims of injuries caused by consumer products. For comparison, automobile accidents account for thirteen percent of all emergency room cases.

The product injuries that can be subject to product liability cases include any number of consumer products including, but not limited to; industrial products, medical products, drugs, toxic chemical containing products, automobiles, food, blood, tobacco, commercial jets, and virtually any product whose design or manufacture flaws cause injury to a consumer.

A design defect occurs when the product is manufactured properly but fails (thereby causing injury) in its inherent design. The product itself is inherently deemed dangerous because it has the potential to cause injury to its user. A manufacturing defect occurs when there is a discrepancy between the intended design and the actual product that is produced. This could be the outcome of malfunction in the machining process, or the use of substandard materials when manufacturing the product. In product liability cases, "unreasonable danger" is determined by weighing the utility of a product against the risks associated with the product. Warning of a product's risks can also influence liability in product liability cases.

There are three types of charges that can be brought against the defendants in product liability cases. The first is negligence, where the victim must prove that the defendant's negligence (or failure to prevent injury) caused the product related injury. In the second type of product liability cases, the charges can focus on breech of contract. In these product liability cases, the victim must prove that there was a violation in the contract that existed between the defendant and the victim. The third, and newest, type of lawsuit involves strict liability. In these product liability cases, the victim only has to prove that the product was reasonably dangerous for its intended use.

When a victim is injured by a product in some way, they may be eligible for compensation in product liability cases. It is important to keep in mind that all states have their own laws which govern product liability cases. All states have a statute of limitations that restricts the amount of time victims have to file product liability cases. If you have been injured by a defective product you may be eligible to seek compensation related to medical expenses, loss of income, pain and suffering, and any other damages that were caused by a defective product. A product liability cases attorney can advise product injury victims of their rights and options in a legal case. A qualified attorney is often the best advocate of a victim's rights and interests in product liability cases.

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