Product Liability Lawsuits arise when manufacturers pass on defective products into the hands of consumers for use. Needless to say, these products have not been tested extensively by the manufacturer for safety concerns. There is a legal analysis for how does a defective product liability lawsuit work.
Across the length and breadth of the country, millions of Americans suffer small to serious injuries because of defective products. While there is no one Federal Law that acts as a vanguard, almost all states of the American Union have their own laws.
When it comes to product liability laws, these complaints are handled under three main heads-
- Breach of Warranty that has been promised by the Manufacturer
- Negligence, Ignorance, or Carelessness of the Manufacturer
- Strict Liability and Penalty for the same to the Manufacturer
In this resource article, we try to shed some light on defective product liability lawsuits. We speak to experts at The Barnes Firm Rich Barnes and ask them to help us understand how these lawsuits work.
Defective Product Liability Lawsuits: Meaning and Definition
If we want to understand how a defective product liability lawsuit works, we first need to look at the theory of ‘Strict Liability’. A legal interpretation of the same states that under this theory all responsibility of the product, its use, and safe operation lies with the manufacturer, seller, or the distributor, as the case may be.
It does not matter how many steps or actions the manufacturer has taken to ensure that the product is safe or not. If it has caused an injury to the consumer, they are liable to face a lawsuit under defective product liability.
A lawsuit can be filed and a case can be built to seek damages and compensation in this regard. The case can either be settled at the negotiation phase or be taken to trial if the compensation offered during settlement is too low.
How to Prove that the Manufacturer is at Fault in a Product Liability Lawsuit?
In this section, leading legal attorneys that specialize in defective product liability lawsuits list down three ways of proving fault.
1. Unsafe Product-
The key thing that should be noted is that it is the responsibility of the plaintiff to show that the product is unsafe and is the result of faulty designing, manufacturing, and selling. This can be done through a live demonstration in front of the Court or at the stage of negotiations.
2. Changes are done to the Product-
In this case, the duty of the product reaching safely in the hands of the customer is the responsibility of the manufacturer. For example, they need to ensure that there are no damages to the product during shipment and logistical supply. The customer is not responsible for this.
3. Real Injury has taken place-
This is something that needs to be backed up with real medical records and bills. Most legal experts suggest that if you have been injured because of a defective product, you need to seek immediate medical attention. This is important for your own well-being as well as the case.
Choosing the Best Personal Injury Attorney for a Product Liability Lawsuit
One thing that consumers need to understand is that whenever they are thinking of filing a product liability lawsuit they are going against big businesses.
In other words, they are going up against businesses that have a ton of resources and the best legal experts at their disposal. They do not want to pay compensation or admit to the defective nature of the product as it can cost them their years of reputation and credibility.
This in turn can have disastrous implications as their customers would look to leave them. Hence, you can expect them to come out all guns blazing to defend their interests.
This is why hiring the best personal injury attorney makes a lot of sense. You need to check that they have prior experience in handling product liability lawsuits. This is because evidence gathering, building a tightly-knit case, and not succumbing to external pressures are necessary.
The Final Word
A product liability lawsuit is not your run-of-the-mill personal injury case. If you are familiar with some of the biggest lawsuits of this regard in American history, you realize that these involve billion-dollar companies and multi-million-dollar compensations. If you wish to know more, drop your queries in the comments section below.