When you purchase a product, you expect it to be safe and function as intended. However, many consumers suffer injuries each year due to defective or dangerous products. This is where product liability law comes into play. Understanding what product liability means and how to pursue a claim is essential for securing the compensation you deserve. In this blog, we'll explore the basics of product liability and provide guidance on pursuing a successful claim.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, retailers, or other parties involved in the production and sale of consumer goods to ensure their products are safe for use. When a product is found to be defective and causes harm, the injured party can file a product liability claim to seek compensation for their injuries.
Types of Product Defects
There are three main types of product defects that can form the basis of a product liability claim:
- Design Defects: These are inherent flaws in the product's design that make it unsafe, even if manufactured correctly. An example would be a car model with a tendency to roll over during turns.
- Manufacturing Defects: These occur during the production process and result in a product that deviates from its intended design. For instance, a batch of medication contaminated during manufacturing.
- Marketing Defects (Failure to Warn): These involve inadequate instructions or warnings about the proper use of the product. An example might be a power tool lacking clear safety guidelines.
Elements of a Product Liability Claim
To pursue a product liability claim, a plaintiff must demonstrate that a defect in the product directly caused their injury. Types of defects include design flaws, manufacturing errors, failure to provide adequate warnings, and breaches of warranty.
Victims may receive compensation for medical expenses, lost income, funeral costs, and loss of companionship in wrongful death cases. These claims can be complex, often involving class action lawsuits or multi-district litigation where similar cases are consolidated. The statute of limitations, typically between one and four years, sets the time frame within which victims must file their claims. Seeking the assistance of an experienced product liability lawyer can be crucial in gathering evidence, negotiating settlements, and navigating the legal process to achieve fair compensation.
How to Pursue a Product Liability Claim
A claim can be made under three main legal avenues: strict liability, negligence, and breach of warranty. Strict liability does not require proving negligence but focuses on the defect itself and its role in causing harm. Negligence claims necessitate demonstrating a failure to exercise reasonable care, while breach of warranty involves showing that the product did not meet the promised standards. To succeed, a plaintiff must prove actual harm, the existence of a defect, causation, and proper use of the product at the time of injury. Understanding these elements and seeking legal advice can greatly increase the chances of obtaining compensation for damages suffered due to a defective product.
Contact Greene Broillet & Wheeler
Understanding product liability and how to pursue a claim is vital for securing fair compensation for your injuries. At Greene Broillet & Wheeler, our dedicated team has extensive experience in handling complex product liability cases. Contact us today to schedule a consultation and let us help you navigate your claim and hold the responsible parties accountable.