Every year in the United States, thousands of individuals file product liability lawsuits. Many of these lawsuits are directed towards toy or automobile manufacturers and pharmaceutical companies. While these lawsuits are common in the legal world, they can be incredibly complex. Our Lexington product liability lawyers understand these complexities and are here to fight for you.
What is a product liability lawsuit?
A product liability lawsuit seeks to hold product manufacturers responsible in the event that their products cause harm when used as intended.
When manufacturers disregard or refuse to address these issues, product liability can come into effect.
A product liability lawsuit can be filed for any product that is for sale to consumers, medical institutions, and businesses. Some of the most products include defective electronics, toys, vehicles, or medical equipment.
What reasons are there to file a product liability claim?
Design Defects. This is an inherent issue with the product’s design, not the manufacturing.
Manufacturing Defects. These defects happen when the product is being created. Any deviation in the design can produce a product that is dangerous for consumers.
Failure to warn. A product that could be dangerous in any way should always come with instructions and a warning. This type of defect occurs when no warning or user manual is present, and a consumer is injured as a result.
How is product liability proven in a lawsuit?
Negligence. Negligence focuses on the manufacturer’s conduct. To prove negligence, you must be able to show that the manufacturer failed to use reasonable care in designing, creating, or selling the product, thus result in your injury.
Strict Liability. Strict liability focuses specifically on the product. To prove strict liability, you must be able to show that a defect in the design, manufacturing, or marketing caused you injury.
Breach of Warranty. Breach of warranty focuses on a promise that was made by the manufacturer that was not followed through on. A product’s warranty promises it will perform in a certain way. To prove breach of warranty, you must show how the product did not meet up to the standards of its warranty, and how that caused your injury.
What kind of damages can be recovered in a product liability lawsuit?
Economic. Economic damages can include loss of wages, medical bills and expenses, property loss, and the cost of disability.
Non-economic. Non-economic damages can include pain and suffering, and loss of consortium – when your injuries have had a negative impact on your marriage.
If you are considering filing a product liability suit, we encourage you to reach out to an experienced attorney. Contact us today for a free consultation.
