When you buy a product, you have the right to use it without any safety concerns. Unfortunately, product malfunctions do occur and they can lead to injury. If you have used a product that caused you harm and you want to hold the manufacturer responsible for your damages, know that the law is on your side. Product liability law is designed to protect victims of malfunctioning/defective products.
What is Product Liability Law?
Product liability law is the area of law that governs product liability. It is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer product.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers or sellers of goods to compensate buyers and users for any damages or injuries suffered as a result of defects in the merchandise or goods purchased. As a buyer, consumer, or user, it is your fundamental right to purchase and use products without any safety concerns. When a defective product causes harm, you can file a product liability lawsuit to receive compensation for your damages which will include reimbursement for lost wage and medical costs, as well as for pain, suffering and inconvenience.
Unreasonably Dangerous Products or Products Not Fit for the Purpose for Which They Are Ordinarily Used
A product is unreasonably dangerous if it is defective in design, assembly, or manufacture, or if it is unaccompanied by adequate warnings concerning its hazardous properties.
Warranty of Merchantability and Allergic Reaction
A warranty of merchantability is a type of warranty that asserts that the items or goods are reasonably fit for their use or the intended purpose for which they are designed and used. Some products may be safe for use by most people and yet harmful to others. If the product contains an ingredient that is harmful to an identifiable or substantial class of users, and if the manufacturer reasonably could foresee that danger, the product is unreasonably dangerous or not fit for the purpose for which it is ordinarily used, unless the manufacturer gives an adequate warning of the danger.
Defects That Create Liability
Different products can be faulty in different ways. For instance, a vehicle component may be made from poor material, food products may be contaminated with harmful bacteria or viruses, medical products may not be sterile, etc. Regardless of the possibility, product defects typically fall into the following categories:
- Design Defect: This happens when the product has a design flaw that can lead to an injury even after using it the right way.
- Manufacturing Defect: This happens when the product is assembled with unsafe materials, its assembly is not correct, or it is missing a piece or has a faulty piece.
- Defective Marketing: Defective marketing refers to when the product lacks proper labeling to warn of the potential risks of using it.
Theories of Liability
When it comes to a product liability claim, simply accusing a business responsible for the faulty product is not sufficient. You must provide evidence that the manufacturer was responsible for your injuries according to the theory of liability. In order to do so, a product liability claim can be based on the following:
- Negligence-Based Liability: Under this theory, you must prove that the party responsible failed to practice reasonable care in manufacturing the product for its intended use.
- Strict Product Liability: This theory doesn’t require you to prove negligence. You simply need to prove that the product that caused injury was faulty.
- Breach of Warranty: Products sold to consumers must meet certain standards. These are called implied warranties. If the product manufacturer violates this warranty and the malfunctioning product results in an injury, you can use breach of warranty theory in your product liability claim.
Who Can I Sue in a Product Liability Lawsuit?
Since a fault in a product can occur during any stage of its production, different parties could be responsible for the injury it caused. An experienced attorney can help identify the liable parties which may include:
- The product or part manufacturer
- The product designer
- The product assembler
- The user manual creator
- The labeling and packaging company
- The wholesaler
- The retailer
Hilton & Somer, LLC: Virginia, Maryland & D.C. Product Liability Attorneys
Product liability claims can be difficult and complicated. That’s why hiring a reputable and trustworthy product liability lawyer is recommended. Our attorneys at Hilton & Somer, LLC are experienced and have a track record of success in handling these cases. We will analyze your situation, investigate your case and use the proper resources to identify the correct liable parties, so you can get the compensation you deserve. Contact us today to get started. You can reach us through our online contact form, or by calling (703) 560-0700
References
https://www.forbes.com/advisor/legal/product-liability/what-is-product-liability/
