Product Liability
Those who have suffered an injury due to an unsafe or defective product may be eligible for compensation. When a product is defective and causes damage, the designer, manufacturer, or distributor may be held liable. Since product liability law is complex, it is important to consult an attorney if you have been injured by a defective product. An experienced product liability attorney can help you move forward quickly and ensure your claim is filed within the statute of limitations.
Product Liability Overview
Most defective product claims fall into one of three broad categories: negligence, strict liability, or breach of warranty.
Negligence
Any individual involved in the design, manufacture, or distribution of a product has a duty to provide a safe product. If one of these individuals fails to exercise reasonable care, and their action (or inaction) results in injury, he or she can be held liable. Negligence claims under product liability law include design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product.
Strict Liability
While negligence claims require proof that a party acted unreasonably, strict liability claims hold a manufacturer, supplier, or retailer responsible for injuries caused by a defective product regardless of fault or intent. If a product is determined to be unreasonably dangerous to consumers, and injury results from using the product, the mere fact that the product is defective is sufficient to hold the responsible parties liable in a court of law.
Breach of Warranty
Breach of warranty essentially means that a party violated their own guarantee. Under product liability law, breach of warranty claims may arise when manufacturers, suppliers, or retailers break either an express or implied promise to consumers that a product is free of defects.
Examples of Product Liability Claims
Some of the most serious and talked about product liability cases and settlements in recent years have involved class action lawsuits filed against major manufacturers of automobiles, pharmaceuticals, and dangerous medical devices. However, defective products can extend to virtually every corner of the marketplace and result in injuries, from minor burns and lacerations to serious brain and spinal cord injuries.
Examples of common cases handled by product liability lawyers nationwide include:
- Auto, truck, and motorcycle defects, including defective airbags, seat belts, tires, and defective auto design.
- Dangerous drugs and medical devices
- Defective construction equipment/machinery and power tools
- Dangerous or defective toys and everyday appliances
Find a Product Liability Lawyer in Your Area
Despite the presence of strict federal and state regulations and consumer-oriented protection agencies, defective products still make their way to millions of consumers each year. Product liability attorneys are available nationwide to assist individuals who have been seriously injured by unsafe and defective products. Use LawyerShop's legal directory to locate an experienced product liability lawyer in your area.
