Last Updated on December 6, 2022 by
Product liability is a legal doctrine that allows plaintiffs to hold manufacturers, distributors, and retailers of products liable for damages caused to persons or property due to a defect in the product. Many consumer products are subject to product liability law, including motor vehicles, electronics, household appliances, toys, and food products.
If you have been injured or your property has been damaged as a result of a product defect, you may be entitled to compensation from the manufacturer. Here are the most common types of product liability claims you should be aware of before calling a lawyer.
An object may be defectively designed if the manufacturer failed to use reasonable care and skill in designing the product. Examples of defectively designed products include defective children’s toys and poorly designed helmets. Design defects usually occur early in the production process and are relatively easy to identify. However, it can be difficult to prove causation in a design defect case because the plaintiff must show that the defect existed when the product was sold and not later repaired. Because of this, many product liability cases against manufacturers are unsuccessful.
An object may be defectively manufactured if the manufacturing process was improper or the object deviated from the manufacturer’s specifications in some way. Examples of defectively manufactured products include improperly assembled automobiles and appliances that overheat or break apart during normal use.
Manufacturing defects are often more difficult to detect than design defects because they can occur during production at any point in the process. As a result, it can be hard to identify the precise source of a manufacturing defect. This can complicate the litigation process for the plaintiffs and their lawyers.
Failure to Warn
Failure to warn occurs when a company fails to provide adequate instructions for the use of its product. This could mean that the warning labels on the product were inadequate or incomplete, or the instructions that come with the product are inaccurate or confusing. Examples of products that fail to warn include power tools with dangerous moving parts and food that contains harmful ingredients.
Breach of Warranty
A breach of warranty occurs when a product is sold by the seller without providing any implied warranties. Implied warranties may include warranties of merchantability, fitness for a particular purpose, and non-infringement of patents.
These warranties are implied into the sale by operation of law and are intended to protect consumers against defects in the product that could harm them after purchase. If a seller breaches an implied warranty by selling a defective product, the buyer may have a cause of action against the manufacturer to recover damages sustained as a result of the defect.
Under strict liability, a plaintiff is not required to prove that the defendant acted negligently in causing the plaintiff’s injuries. Instead, the plaintiff must prove that the defendant placed the product on the market knowing that it was unreasonably dangerous and defective and that the defendant failed to warn the plaintiff about the risk posed by the product.
Hiring A Personal Injury Attorney
Hiring a personal injury attorney is very important if you have been injured by a defective product. An attorney can analyze your case and help you determine the type of claim that you may have against the defendant. In many cases, an attorney can help you negotiate a settlement that fully compensates you for your injuries and prevents the defendant from profiting from your injury in the future.
A personal injury attorney may work on a contingency fee basis, which means you do not owe your attorney a fee until you receive compensation from the defendant. This can make it easier for people to pursue legal action when injured because of a defective product because the cost of hiring an attorney is usually minimal compared to the total cost of your injuries.
Product liability cases can be very complex. Understanding the details of your case and the type of legal claims you might have against a defendant is essential to a successful outcome. They often require extensive investigation and the development of expert testimony to support the plaintiff’s claims. An experienced personal injury attorney can help you pursue your claim and obtain the compensation you deserve for your injuries. Contact a personal injury attorney today to schedule your free consultation and learn more about your options.
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