Before determining what a product liability lawsuit is, we must understand what product liability is. Product liability refers to the responsibility of a product's manufacturer, designer, or retailer to ensure the item is safe for consumer use. If it is proven to be unsafe, one or more of those parties may be held accountable for damages from the product.
A product liability lawsuit is a type of personal injury claim brought about to seek compensation for any damages caused by a defective product. Typically, the injured party does not have to prove that the manufacturer, designer, or retailer was negligent in any way, just that the product was defective and that the defect caused the plaintiff's injury.
There are three ways to help determine if you have a product liability lawsuit. First, is there a manufacturing defect in the product which makes it unsafe to use? Secondly, does the product have a design defect? If this is the case, no matter how carefully the product was manufactured, it is simply an unsafe product. This is generally an issue of strict liability as it focuses chiefly on the product itself and not the manufacturing of the product. Lastly, did the manufacturer fail to warn consumers that use of the product might be harmful in some way?
Marketing misrepresentation can also end up leading to a product liability lawsuit. If a product does not perform as it has been advertised to work, does not have proper labeling, or if there are inadequate warnings about the product's use, the injured party may be able to file a product liability claim.
If you feel you have been the victim of a defective product, you may have a lawsuit and should see an attorney as soon as possible to discuss your case. Your lawyer will work with you to review your claim and determine the best course of action to pursue to ensure your rights are protected.
Victims in personal injury cases may struggle to pay bills and other expenses related to their injuries.
Pre- and post-settlement funding services,
structured settlement buyouts, and other
legal funding options can help put you back on track.
