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product_liability productWhen we buy or use a consumer product, we expect that it will be safe. All too often, consumer products cause or contribute to injuries and other losses. When a product is flawed in some way or its maker fails to adequately warn consumers about possible risks, parties in the “production chain” of the product—from design to repair—can be held accountable for all resulting losses and injuries. This is called product liability. The following are some commonly asked questions about product liability lawsuits.
What types of “defective” products commonly cause consumer injuries?
Virtually any product can be defective and cause or contribute to consumer injuries. Some examples of these consumer products include: prescription and over-the-counter drugs, baby products, construction equipment, car parts and accessories, household items, foods, airplanes, hazardous materials, medical devices, and much more.
I was injured by a product. Do I have a case?
Possibly. There are certain things you must be able to prove to have a strong product liability case. Generally speaking, if a product is inherently flawed in design, production, packing, distribution, sales, or repair, you may be eligible to seek compensation for injuries caused by the product. If any part of the production chain is found negligent with regards to the product, they can be held accountable. There are other situations where any injuries caused by a product provide sufficient grounds for a product liability suit. This is called strict liability.
What is a “defective product”?
A defective product is one that is considered reasonably dangerous for its intended use. “Reasonably dangerous” is determined by weighing the products benefits against its potential risks. If the risks are greater than the benefits, the product can be considered defective. The defectiveness of a product may also be established by showing the product was dangerous beyond “consumer expectations.”
Who can be held responsible in a product liability case?
Virtually any party in the production and distribution chain of a product can be culpable in a product liability case. If the product was defective in design, the product''s designers can be held accountable. The manufacturer can be held liable if the product was defective in the way it was made if sub-standard materials were used, and for a variety of other things. The party who sold or repaired the product can also be held accountable.
What do I have to prove in a product liability case?
This requirement varies by state and different grounds can be used to make a claim of product liability. Negligence, for example, is one legal ground on which a product liability claim can be filed. By this claim, the injured party argues the manufacturer or other party failed to produce a safe product, failed to adequately inform consumers about the possible risks and dangers, or any other failure to act as product liability law requires. A product liability lawsuit can also be filed based on strict liability.
Strict liability means the manufacture can be held liable for any injuries caused by the product, even if they took every precaution to prevent consumer injuries and losses. The manufacture does not need to be found negligent or guilty of wrongful actions. The only thing that must be proved is that the product caused proximate damage to the consumer. This standard is often applied to products that pose some possible known danger such as toxic chemical products, wild animals, and much more.
What damages can I seek through a product liability lawsuit?
This, too, depends on the state and circumstances of your case. Generally speaking, you can seek compensation for medical expenses, past and future loss of wages, loss of earning potential, other out-of-pocket expenses, pain and suffering, and more. Punitive damages may be sought when the wrongdoing was severe or intentional.
What is a statute of limitations?
All product liability cases are subject to a statute of limitations. A statute of limitations is the time restriction between when the product injury occurred and when the lawsuit is filed. The actual time of a statute of limitations can vary by state and circumstance and there are certain reasons a statute of limitations may be tolled (extended). Generally speaking, however, it is crucial to contact a qualified and experienced attorney as soon as possible to protect and maximize your legal interests.
Will I need a lot of money to file a product liability claim?
Most product liability attorneys take cases on a “contingency fee” basis. This means the attorney does not get paid until you receive compensation for your losses and suffering. When your case is successful, your attorneys will take a small percentage of the total sum you have been awarded. There may be some costs incurred during the course of discovery and other case-related proceedings. In some cases, the attorney will absorb theses costs. In other cases, the client will be expected to pay as they come up. It is important to speak with your qualified product liability attorney regarding your financial arrangements.
If you would like to ask a legal question or get legal advice regarding product liability, contact an expert product liability attorney near you for a free case evaluation. Select your state from the drop down menu below.
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