Consequently, it is expected that the products should provide sufficient safety warnings for their intended use.
Product liability cases normally arise when a product, be it an automobile, medical device or any household product, is deemed not reasonably safe for its ordinary or foreseeable use.
Product liability covers any and all consumer products, including vehicles, toys, medical equipment and devices and industrial machines, that are dangerous and defective and can ultimately cause injury, be it minor or fatal.
A product that is available to the general public or for sale in any shape or form should naturally be reasonably safe for its intended use.
For one reason or another, a manufacturer may fail to use the care necessary to provide a product that is reasonably safe and too often, this results in catastrophic, life-long injuries to the unsuspecting user.
There are personal injury attorneys all across the United States who specialize in defective and dangerous product liability cases, ensuring you are properly protected and aware of your rights.
While obtaining compensation for the injured party is admittedly the primary reason for pursuing a case, the action usually serves to force the manufacturer to acknowledge the faults of their products and rethink their design, which would help prevent others from suffering from similar injuries.
Establishing a Product Liability Lawsuit
There are four legal issues that help to establish liability if you’ve been hurt by a dangerous or defective product:
Any person or entity that fails to provide reasonable care for their products when its their legal responsibility to do so can be found guilty of negligence.
As long as the victim can show that the product was defective and dangerous and the cause of serious personal injury, then strict liability holds the manufacturer or seller responsible regardless of intent or fault.
Breach of Warranty
A seller or manufacturer is deemed to be in breach of warranty should they fail to uphold a claim in relation to their product. By law, a company that manufacturers or distributes products is expected to stand by their obligations to consumers and their safety.
Any form of advertising claims that mislead consumers into believing that a product is safer than it actually is or serves to distract them from potential risks inherent in use is considered misrepresentation.
Under product liability law, a product doesn’t have to be defective in design for the manufacturer to be found liable. As long as it can be established that the product is unsafe to consumers so as to cause injury, there’s enough grounds to pursue a case against the manufacturer or any corporations affiliated with the product.