Defective or dangerous products cause thousands of injuries every year in the United States, and product liability law differs from ordinary injury law. A defective product is the characteristic of any product having a defect that hinders its usability for the purpose for which it was designed and manufactured.
Products liability refers to the liability of any or all parties involved in the chain of manufacture of any product for damage caused by such product. Product liability claims can be based on negligence, strict liability, or breach of warranty. Products liability is usually considered a strict liability offense, meaning that it is irrelevant how much care was provided by the manufacturer or supplier; if the product has a defect that causes harm, the manufacturer and supplier are liable for it. If you have been injured or suffered damages due to a product you used, you may have a defective product liability claim. Every state has virtually the same laws when it comes to defective product liability claims and require both proof that the product was defective and that it was the defective product that directly caused the injury. These defective product liability claims fall into 3 categories:
- Defective manufacture – a manufactured product is flawed due to an error in its manufacture
- Defective design – a product’s design is inherently defective or dangerous, regardless of the fact this the product was manufactured properly
- Failure to provide adequate warnings or to provide proper instruction
Depending on your case, it might be in your best interest to retain an experienced product liability lawyer or personal injury attorney.
Establishing a Defective Product Liability Claim
When you purchase a product, you have certain established rights as a consumer. The most basic of these rights is the right to be safe while using the product. When companies (manufacturers) fail to fulfill their obligation to design and manufacture safe products and their product in turn causes injury, you may have a defective product liability case. When establishing a product liability claim it is best to prepare your case by estimating your damages up front and verifying that you have proof of the following 4 elements:
- You were injured and / or suffered losses, including both economic and non-economic losses:
- Medical expenses
- Disability costs
- Diminished earning capacity (loss of wages and / or profits)
- Loss of property or property needing to be repaired
- Pain and suffering
- loss of consortium / loss of society
- The product is defective
- The product’s defect directly caused your injury or loss
- You were indeed using the product as it was intended
If your defective product / product liability claim involves a vehicle that you purchased, it may be a lemon law claim. A lemon law may mandate that if you have a car with a defect, you will automatically get a replacement car. Or, a lemon law can mandate that the manufacturer acknowledge the defect and take the appropriate steps towards compensation.
How a Product Liability Attorney Can Help
An experienced product injury / product liability attorney can help you to evaluate your case and ensure that your legal rights are fully assessed and protected. A product liability attorney will take action on your behalf and can explain to you when to expect each step of the way throughout your case.
If you have been hurt by a poorly designed or defective manufacturer product and think you might be in need of a product liability attorney, contact LegalHelpLawyers.com today and our experienced product liability lawyers can guide you!
