Product Liability Claims

When you purchase a product, you enjoy certain protections as a consumer. Foremost among these is the implied guarantee that the product is free from defects that would render it unnecessarily and unforeseeably dangerous when used for its intended purpose. If you or s a member of your family has been seriously injured by a defective product, a personal injury attorney can help file a lawsuit seeking compensation from those responsible for the injury.

Filing a Claim

Depending on the nature of the defect, any or all parties involved in the design, manufacture, marketing, or sale of the product may be held liable for damages. In addition, legal action can be taken on behalf of anyone who was injured by the product, not only the rightful owner.

Defective product lawyers handle cases in which a serious injury or wrongful death resulted from a clear, demonstrable flaw in a product. This flaw can be inherent in the design of the product or the result of a manufacturing error. Product liability cases can also arise out of a failure to warn consumers of potential dangers involved in the use of the product, as well as inadequate or misleading labeling. What is essential to all product liability cases is that the consumer did not knowingly misuse or alter the product in any way or ignore clear warnings of potential hazards.

Strict Liability

Most product liability cases call into play the legal doctrine of strict liability. According to this doctrine, there is no need to prove that a specific act of negligence occurred on the part of the defendant or defendants; rather, the presence of the defect is proof enough of negligence. What needs to be proven is that the injury or death directly resulted from the flaw in the product, and that the product was being used for its proper and intended purpose at the time the injury occurred.