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product_liability productProduct liability claims can be filed by those who have been injured by a consumer product. There are a host of products which can cause or contribute to consumer injuries including drugs, medical devices, foods, vehicles, auto parts, household items, planes, baby products, tobacco, and more. A product liability claim can be filed against any party in the production and distribution chain including the designer, manufacturer, distributor, seller, and repairer of the harmful product. An attorney experienced in handling product liability claims can evaluate your case to determine who is liable for your losses and suffering.
When a product causes injury to a consumer, the product is often determined flawed or defective. A defective product is one that is not reasonably safe for its intended use. To determine product safety, the benefits of the product are weighed against its possible risks. If the risks outweigh the benefits, the product is considered defective. A product can also be considered defective if it fails to meet consumer expectations regarding its safe use and handling.
Negligence, breech of warranty, and strict liability are the three common arguments used in product liability claims. Negligence involves the defendant’s failure to provide a safe and effective product. This can include failure to warn consumers about possible risks, failure to anticipate possible uses of the product, failure to use quality parts when producing the product, and much more. Breech of warranty implies the defendant violated the terms of a product guarantee or other agreement. For example, if a product has a lifetime guarantee and it breaks, causing consumer injury, the manufacture can be held liable.
Strict liability can hold a manufacturer responsible for injuries caused by their products, even if the manufacturer took every precaution to prevent consumer harm. In these product liability claims, the injured party only has to show that the product was a proximate cause of injury for the manufacturer to be held liable.
If a consumer product has seriously injured you or a loved one, you have the right to seek compensation for your losses and suffering. Through a product liability claim you may be eligible to seek compensation for your medical expenses, loss of past and future wages, loss of earning potential, and other out of pocket damages. You can also seek compensation for your pain and suffering, loss of consortium, and other non-economic losses. It is also possible to seek punitive damages if the defendant’s actions or negligence were willful or malicious.
Most attorneys will handle product liability claims on a contingency fee basis. This means they don’t get paid until you receive compensation for your losses. If you or a loved one has been significantly injured by a consumer product, please contact an experienced attorney in your area.
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