Product LiabilityWhen consumers are hurt or killed as a result of a problem with a product
Harm caused by a defective product
What Is Product Liability?
Product liability is the legal theory that allows individuals who have been harmed by defective products to seek compensation from the parties responsible for the harm. Individuals who buy or use products have a right to expect not to be injured when the product is used as intended. If they are hurt because of a problem with the item, they can pursue a civil claim to recover compensation for their resulting damages.
Claims can be brought against manufacturers, distributors, retailers, and other parties involved in the chain of commerce. Liability laws will govern these types of cases and will determine if manufacturers, designers, or sellers should be held accountable and forced to pay out money for losses.
If any entity involved with the product is held accountable, this is an example of liability.
Types of Liability Claims
In this case, the design is flawed from the start and results in injury such as a vehicle’s design that makes it more likely to roll over.
In some cases, problems occur during the manufacturing process. If defective airbags are put into a car, the manufacturer of the airbags and the manufacturer of the car could both potentially be sued under liability law.
Breach Of Warranty
There are two types of warranties that may come with products which are express and implied. Express warranties are written warranties that provide certain guarantees and come directly from the manufacturer. Implied warranties are not clearly written down but are implied by law or circumstances. This is a legal rule that dictates that a product can be assumed to be fit for use for its intended purpose. An implied warranty for a product is also created if a state requires certain types of products to have warranties.
Failure To Warn
Manufacturers have a duty to disclose inherent side effects or risks associated with using a particular product if there are potential safety issues. If they fail to provide proper notification of potential dangers, this could be classified as failure to warn. It is considered a type of marketing defect that can give rise to a product liability claim in court.
The Process of Bringing a Product Liability Claim
If you have been harmed by a defective product, you may be able to bring a product liability claim. The first step is to consult with an attorney at Falcon Law Firm to discuss your case. The attorney will assess your claim and determine whether or not you have grounds for a lawsuit. In determining if you have a liability claim, Falcon Law Firm will need to prove the following:
- That the product was defective in some way
- That you used the product as intended
- That the product defect caused you to suffer some type of harm
- That you can be compensated for the damage they endured
If you decide to file a lawsuit, the attorney will file a complaint with the court. The complaint will allege that the product was defective and that the defect caused you harm. The defendant will then have an opportunity to respond to the complaint.
Plaintiffs do not need to prove that the defendant acted negligently or intentionally in product liability cases. That’s because a legal doctrine called “strict liability” applies in these types of claims. Under strict liability rules, plaintiffs can prove their case and prevail in court if they simply show that the problem with the product was the direct cause of unexpected harm.
You can often negotiate a settlement with the company (or insurer of the company) that is responsible for getting the defective product into your hands. If you are unable to settle a case, you can go to court and pursue a civil claim.
An experienced product liability lawyer can provide invaluable assistance. An attorney can help to gather evidence, negotiate an out-of-court settlement, or pursue a lawsuit to get the compensation you deserve. A lot of money may be at stake, so hiring a professional representative makes good sense.
The Falcon Law Firm will fight for your rights and seek the compensation you deserve. If you or a loved one have been injured resulting from consumer products, call the Falcon Law Firm at 504-341-1234. You may also contact us online or visit us at our office located at 5044 Lapalco Blvd., Marrero, LA.