LAUDERDALE LANG
What is Products Liability?
Products Liability refers to when a defective or dangerous product causes an injury, or even death. Products liability law does not have the same rules as ordinary personal injury law.
The manufacturer or seller can be held liable for placing a defective product into the hands of a consumer. When a product has an unexpected defect or danger, and that defect or danger causes you harm, you may have a viable claim for products liability.
PRODUCT LIABILITY
Who Is Responsible for a Dangerous or Defective Product?
Each case is different. Any party in the chain of custody of the product could be responsible for the dangerous or defective condition. A products liability claim can be brought against any of the following:
The product manufacturer;
A manufacturer of component parts;
A party that assembles or installs the product;
The wholesaler; or
The retail store that sold the product to the consumer.
Types of Product Defects
Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that might cause injury and give rise to manufacturer or supplier liability:
Design Defects: Something in the design of the product is inherently unsafe.
Manufacturing Defects: The product is manufactured or assembled improperly.
Marketing Defects: When a product is marketed in a way that is improper, such as false labeling, improper instructions, or lack of safety warning.
Unavoidably Unsafe Products
By their nature, some products simply cannot be made safer without losing their usefulness. For example, a chainsaw that is incapable of injuring anyone would also be useless for its intended purpose. The consumer is held responsible for taking necessary safety precautions to avoid harm. While a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products still must give proper warnings of the dangers and risks of their products so that consumers can take the necessary actions to protect themselves.
Speak to an Attorney Today About Your Defective
Product Injury
Product liability actions can be quite complicated. Experts are often needed to testify to establish legal fault. Each state has its own laws and specific statutes that will affect a product liability action. If you or someone you know has suffered an injury caused by a potentially defective product, contact an experienced attorney to have your claim evaluated for free.
Unavoidably Unsafe Products
By their nature, some products simply cannot be made safer without losing their usefulness. For example, a chainsaw that is incapable of injuring anyone would also be useless for its intended purpose. The consumer is held responsible for taking necessary safety precautions to avoid harm. While a product might not be deemed unreasonably dangerous, manufacturers and suppliers of unavoidably unsafe products still must give proper warnings of the dangers and risks of their products so that consumers can take the necessary actions to protect themselves.
Get Compensation for Your Damages
Regardless of the theory of liability that a consumer chooses, he or she must still provide evidence of the damages suffered. Categories of damages that may be available to injured individuals include medical expenses, physical therapy, loss of earning capacity, lost wages, and pain and suffering.