A consumer who is injured by a defective product may have a product liability case against the product's distributors and manufacturers. The merit of a product liability claim is based on several factors, including how the consumer was injured, whether the consumer contributed to the injuries and state product liability laws.
If you were injured by a defective product, you may be able to seek compensation through a product liability lawsuit. To find out if you are eligible to recover product liability damages, fill out our free case review form to speak with a defective product attorney.
In general, there are three types of product liability cases. The laws governing product liability lawsuits vary between states, so it's important to speak with a defective product lawyer to assess your claim. However, the following provides a general overview of the three types of product liability cases.
Negligence: In this type of action, the claimant must show that carelessness led to their injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. This duty is not difficult to prove, as most companies that manufacture and distribute consumer products are obligated to sell safe products.
Next, the consumer must show that the defendant breached this duty to the consumer. A "breach of duty" can be shown if the plaintiff can prove that the defendant knew or had known that the product was defective. Lastly, the plaintiff must also prove that the defective product caused their injuries.
Strict liability: If the claimant proves that a design or manufacturing defect makes a product "unreasonably dangerous," they may be able to prove that the defendant is "strictly liable" for any resulting injuries. Unlike product liability cases citing negligence, plaintiffs in strict liability claims do not have to prove that the manufacturer knew about the product's hazards. The plaintiff, however, will still have to demonstrate that the defective product caused their injuries.
Breach of warranty: A warranty is basically a contract of fitness between a manufacturer or retailer and the consumer. A warranty can be violated in one of two ways. In a breach of express warranty, the claimant accuses the defendant of infringement of the written product warranty. In a product liability claim citing a breach of implied warranty, the claimant argues that despite the fact that the product defect is not covered by express warranty or that there is no express warranty, the defect prohibits the consumer from using it properly.
When a product liability lawsuit is successful, the plaintiff may be eligible for a variety of damages. Common damages awarded in product liability lawsuits include the following:
In some jurisdictions, punitive damages may also be awarded to punish the defendant and deter others from engaging in similar conduct. Punitive damages only awarded in cases where the defendant's actions were particularly outrageous.
Our product liability attorneys have handled numerous cases from consumers who were injured due to defective medical devices, prescription drugs and similar consumer products. If you or a loved one has been hurt by a defective product, our product liability lawyers have the experience, skill and resources to handle your claim. To speak with a defective product lawyer about your eligibility for a product liability lawsuit, fill out our free case review form today.
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