When you buy a new product that you use or consume, you have the right to expect that it will be safe and not cause any harm. Product liability refers to a legal action against a manufacturer or seller of a defective product. If this product causes harm, you can file a claim against the manufacturer or seller for monetary damages.
Learning about product liability and personal injury lawsuits can help you understand your rights and what to do if something goes wrong.
Defining Product Liability
A product liability claim is based on the theory that the manufacturer or seller of a defective product is responsible for the harm caused by the product. For example, if you buy a defective car that causes an accident, you may be able to sue the manufacturer of the car for personal injury damages.
Product liability is based on strict liability, meaning that the manufacturer or seller is liable for any harm caused by the product even if they did not intend for harm to come to anyone. A defective product can also be considered defective due to improper manufacturing, labeling, or design.
If you are considering filing a product liability or personal injury claim, it is important to consider hiring a personal injury lawyer. An experienced attorney can help you understand your rights and the legal process involved in filing a claim. They can also help you gather evidence and build your case. Personal injury lawyers are experts in the field of product liability and personal injury law and can provide valuable insight and advice. An experienced lawyer can also represent you in court and negotiate a favorable settlement if necessary.
In most cases, products are defective if they have a design defect or are manufactured with a manufacturing defect. A design defect is a flaw in the design of the product that makes it more likely to cause injury than other products with the same design. A manufacturing defect is a flaw in the manufacturing process that makes it more likely to cause injury than other products with the same manufacturing process.
Products can be defective because of:
- Failure to warn consumers about risks to health
- Failure to include warnings about risks to health on product packaging or labeling
- Failure to include warnings about risks to health in instruction manuals or other product information
- Failure to ensure that consumers understand how to use and care for the product
If a product is found to be dangerous, it may be recalled by the manufacturer or distributor. This may include not only physical products but also digital products like software and websites. A recall can be voluntary or mandatory. If it is mandatory, it is usually done because of health or safety concerns. It’s also called an “alert.”
In some cases, a recall might be voluntary, which means that the company decides to recall its products for other reasons. For example, if a company needs to make some changes in its manufacturing process, it might decide to voluntarily recall some of its products to make these changes.
A negligence claim is a claim based on an injury or harm caused by a defective product. If you are injured by a dangerous product and can prove that someone else’s negligence caused your injury, you may be able to file a claim against them for money damages.
- Negligence: A person’s failure to exercise reasonable care in the use or handling of a dangerous product that causes injury.
- Product defect: A flaw in the design of a product that makes it more likely to cause injury than other products with the same design.
Personal Injury Lawsuits
If you are injured by a dangerous product, you may be able to file a personal injury lawsuit against the manufacturer or seller of the product. Personal injury lawsuits are filed against companies when they are found responsible for injuries caused by their products and they refuse to take responsibility for those injuries. The law provides several legal remedies for personal injury lawsuits:
- Punitive damages: These are awarded by courts as punishment for the wrongdoing of another party. Punitive damages are awarded when a plaintiff has been seriously injured or killed as a result of negligence or reckless behavior on the part of another party. Punitive damages are intended to deter others from committing similar acts of wrongdoing and further compensate the injured party for their losses.
- Compensatory damages: These are awarded by courts as compensation for injuries caused by another party’s negligence or reckless behavior. Compensatory damages compensate you for your losses due to your injuries and losses related to your injuries such as medical bills, lost wages, and funeral expenses.
- Statutory damages: These are awarded by courts as compensation for injuries caused by another party’s negligence or reckless behavior. Statutory damages are awarded when an injured party has proven their case under certain guidelines set by law and can receive these damages without proving actual loss.
- Attorney’s fees: These are awarded by courts when an injured party has proven their case under certain guidelines set by law and can receive these expenses without proving actual loss.
You may also be able to obtain compensation from insurance companies that provide property and casualty insurance if your injuries were caused by another party’s negligence or reckless behavior. You may also be able to obtain compensation from workers’ compensation insurance if your injuries were caused by another party’s negligence or reckless behavior while you were performing your job duties.
If you find yourself injured as a result of a defective product, don’t hesitate to contact an experienced personal injury lawyer. They can help you build a strong case and get the compensation you deserve.