Personal Injury Law

Product Liability

Personal Injury Law

Product Liability Lawyer

When you buy a product, you will be under the impression that it has undergone the necessary safety and quality checks and is therefore perfectly safe to use. However, in some rare cases, it might cause injury or property damage to the buyer or the end user. This is an obvious breach of trust between the buyer and the seller, and the buyer has the legal right to sue the seller for any damages incurred. Our Product Liability lawyer can help you with filing a case against the manufacturer or the seller for their failure to ensure the safety of the product and hold them accountable.

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What constitutes a Product Liability claim?

If you can prove that the injury or the property damage to the consumer was caused by a design flaw or a manufacturing defect, then you have the right under the law to sue the manufacturer for the damages. This also applies to the failure of the manufacturer to provide instructions to safely use the product or to conveniently omit any mention of the potential side effects of using the product. In both these cases, the manufacturer, distributor, or seller might be held responsible for the damages.

What are the different types of product liability claims?

Depending on the cause of the product liability, such claims may be classified into the following categories:

Design flaws

The manufacturer will be held responsible for any poor or unsafe design of the product that caused the injury. In many cases, this might be difficult to prove, as such injuries are caused by several factors, including the design flaw. It might be necessary to demonstrate this by comparing the product with another product with an alternative design or the safety features provided by that manufacturer.

Manufacturing defects

In some cases, the design of the product might be perfectly safe, but the manufacturer might have tried to cut corners by using materials of inferior quality or ignoring some of the manufacturing specifications in order to reduce costs. If there was some error or failure in the quality control process at the manufacturing plant, this might also result in the final product being unsafe or defective. This sometimes happens when manufacturing is outsourced to a different firm in another location, leading to communication issues and poor oversight.

Failure to issue proper warnings or instructions to the user

Even though the product has no design flaws, it might still cause injuries if not used properly. It is the duty of the seller to issue proper instructions and safety warnings to the consumer in such cases. On the other hand, if the buyer ignored these warnings and used the product in an unsafe manner, the seller might not be held accountable for the injuries caused by the product.

Breach of warranty

If the seller fails to meet the standards he promised to the buyer through advertisements or at the time of the purchase, he can be held liable for damages. In this case, rather than proving negligence on the seller’s side, you only need to demonstrate that the product did not meet the implied promises of quality or function, and thus there is a breach of contract between the seller and the buyer.

What are the different types of product liability claims?

In the event of a Product Liability claim, our legal team can help you with the resolution of the case and fight to ensure you receive proper compensation for the damages. This might include the following:

Identifying the liable parties

These days, the manufacturing supply chains of most products are complicated, and some of the manufacturing processes are even outsourced to firms outside the country. This sometimes makes the process of identifying the liable party difficult. It might be the designer, supplier, manufacturer, distributor, or retailer who might be responsible for the damages.

Proving the negligence of the defendant

Our Personal Injury lawyers will then have to prove the liability of the defendant by building a strong case for your claim. This involves gathering extensive information on the product design, going through the instruction manuals, interviewing design engineers and industry experts, and collecting medical records of your injury. In such cases, it will also be helpful to establish that many other buyers of the product are experiencing the same problem.

Calculating the best compensation package for the plaintiff

The compensation package you seek should cover your medical expenses as well as the lost income you should have earned while recovering from your injuries. If the injury diminished your future earning capacity in any way, you have the legal right to claim compensation for that as well.

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You need to have the best Personal Injury lawyer representing you to ensure the speedy resolution of your case, and that is why you need to get in touch with our team today for legal representation

Frequently Asked Questions

Can I file the claim if I am not the actual buyer?

The end user of the product might not always be the buyer. A company might have purchased the product for their employees. You might have used the product purchased by your friend at his house and got injured as a result. In either case, the user has the legal right to sue the manufacturer or the seller for the damages incurred. It is the responsibility of the manufacturer or the seller to ensure the safety of the product to the end user.

What to do if I end up with a defective product?

Your safety is the most important thing in such cases. You need to stop using the defective product and make sure that nobody in your household will have access to it either. You need to ensure that every communication and transaction with the seller is properly recorded and documented. Remember that the defective product itself is your main proof. Do not throw it away or send it back to the seller. If you intend to proceed with the matter legally, then get in touch with our legal team immediately to help you with the process.

Can I combine my lawsuit with other buyers facing the same problem?

Yes. It is possible for the buyers facing the same problem to come together and sue the manufacturer or the seller for damages. This will be considered a class action suit where all such cases will be combined and the same judgment will apply to all the buyers. Obviously, your claim will be strengthened if you can prove that many other buyers are also suffering from the same injury.

What are the industries to look out for with the highest product liability claims?

Generally, the following industries see the highest product liability claims filed against them every year:

The automobile industry receives many claims of defective parts, like faulty brakes, low-quality tires, malfunctioning airbags, and seatbelts.
The pharmaceutical industry deals with product liability claims concerning poor quality of drugs, malfunctioning equipment, and faulty medical implants.
Food and Beverages industry with customers complaining about allergic reactions, contaminated food items, and poor packaging.
The consumer electronics industry receives many product liability complaints regarding overheating mobile or laptop batteries, electrocution from poor-quality appliances, and fire hazards from exploding batteries or chargers.

How long does it normally take for the resolution of the case?

It varies from case to case. There is always a possibility that a settlement may be reached through negotiations. But if the case goes to court, it might take anywhere from several months to a few years. It all depends on how strong your claim is and how effectively your legal team can establish the direct liability of the manufacturer or the seller in your case.