Product Liability

According to a 1999 national survey, approximately half of all emergency room visits are for injuries caused by consumer products. By comparison, only 13 percent of ER visits are for vehicle accident injuries. When we purchase a product, we expect that it is reasonably safe for its intended use. When a product causes personal injury, the victim has the right to seek compensation for their losses in a product liability case.

Product liability cases can involve different types of defective consumer products including: industrial products, over-the-counter and prescription drugs, medical devices, toxic materials, vehicles, food, blood, baby products, and other products intended for consumer use. A product can be considered defective if it is “unreasonably dangerous” for general use. “ Unreasonably dangerous” is determined by weighing the product’s utility against its potential risks. If the risks outweigh the benefits it is generally considered a defective product. Defectiveness may also be determined using the “ consumer expectation” standard.

Product liability cases can be brought against any liable party in the “production chain.” This includes the product’s designer, manufacturer, wholesaler, distributor, seller, or repairer. The product’s designer can be held liable when the product’s design is inherently flawed. The manufacturer can be culpable in a product liability case, if the product is poorly produced or substandard materials are used. Any party in the “chain” can be held liable depending on the specific facts of a case. A product liability attorney can evaluate your case to determine who is liable for your product injuries.

There are three grounds on which a product liability lawsuit can be filed:

-- The first is negligence. Under this argument, the injured party claims the defendant’s negligence (failure to prevent injury) resulted in the product related injury. Through this product liability claim, the plaintiff may argue the defendant failed to properly warn consumers about potential risks.

-- The second is breech of warranty, where the plaintiff alleges the defendant violated the contract established via an expressed or implied product guarantee, labeling, and other documented warranties.

-- The third argument in a product liability case is called strict liability. Under strict liability, the victim only has to prove the product was defective or unreasonably dangerous. Even if the defendant acted in good faith and took every precaution, they can still be held liable for product related injuries. Strict liability is used to hold a manufacturer responsible for the injuries caused by their defective products, even if they were not at fault.

If you or a loved one has been injured by a consumer product, you may be eligible to file a product liability lawsuit. It is important to remember that your product liability case is subject to a statute of limitations which restricts the time you have to file a claim. To learn more about how you can recover your losses after a product related injury, please contact us to speak with a qualified and experienced product liability attorney.