What is product liability?
Under the law of Product liability you can claim compensation for any physical injuries and property damage caused by defective and dangerous products. Failure of a manufacturer, distributor or seller to warn the consumer of product dangers would also make them liable for the product they sold and you can claim damages from them. The products for which liability can be claimed are machinery such as motor vehicles or airplanes, to common household items such as home appliances. For any product that does not meet the standard and causes harm to you there is always the remedy of claiming damages.
What constitutes a product defect?
Any imperfection in the product renders it defective and unsafe for usage. In a products liability case, you must prove that the product was defective or unsafe for its intended use and to do that you must seek the help of an attorney. To notice whether any product is defective needs simple common sense. Consumer products such as prescription and over-the-counter drugs, construction equipment, car parts and household items are good examples of defective products. Defects are generally categorized as design defects, manufacturing defects, and warning defects. Design defects poses unreasonable risks to consumers such as when a car is manufactured without a sound design plan. In such cases you can claim damages for manufacturing defects and defective designs. Improper labeling, instructions, or warnings can also lead to product defects. However, whatever may be the case; you should always consult an attorney to claim your rights.
What are the different kinds of defective product liability claims?
The first kind of defective products can be grouped as the ones that have been defectively manufactured. Especially, when there has been a factory mistake in manufacturing the product, you can always claim damages for faulty product. Secondly, any product that has been defectively designed can also be regarded as a faulty product and dangerous, thereby enabling you to claim damages. Finally, any product that fails to provide adequate warnings or instructions can also be regarded as an injury-causing product.
What is the difference between a negligence claim and a strict liability claim?
In a negligence claim you have to prove that the manufacturer was negligent and didn’t exercise the proper degree of care while producing the product. Duty of care is owned by everyone, right from the manufacturer to the distributor and seller. In such cases the duty of care includes the duty to make adequate inspections during product manufacturing to ensure that the product is of safe quality, otherwise, you can bring claim of damages for negligence. However, in a strict liability case, you need not prove any violation of the standard of care as the seller is bound strictly to ensure the safety of the product that he is selling. If there is any violation, you can definitely consult an attorney and file a claim for damages.
Who is liable if I am injured or damaged by a defective product?
Generally in products liability cases any and all the parties that may be involved in the chain of distribution are included in the claim. The manufacturer, the company that sold it to you or the person who repaired the product, the seller or anyone who handed the product over to you can be held responsible for the defective product. However, tracking all the persons liable for the defective product isn’t easy to find, so you must consult an experienced attorney to help you out of this situation.
What is a statute of limitations?
Under the statute of limitations any product liability case is restricted by time. All product liability cases are subject to a statute of limitations. You must be aware of this rule and file your claims within the specified time. You can always seek an attorney’s help to guide you in this matter as every case varies from another and has a different limitation period. You must file your lawsuit within time or else it would be difficult to convince the judge not to throw away your case away if it is time-barred.
What is a breach-of-warranty products liability claim?
A warranty is an expressed or implied representation about the sanctity of the product that is given to the consumer by the seller or the manufacturer. General warranties imply that the product is fit for ordinary usage and safe for a particular purpose. However, if the product did not comply with the warranty that was given or if it failed to live up to its specifications then there is a breach of warranty. Such failure implies that the manufacturer or the seller did not pay heed to the product’s quality and the consumer can bring along product liability claims under such situations.
What kinds of compensation can I ask for in my defective product liability claim?
For any product liability claim you have to understand that there is no fixed rule. It all varies from one case to another. Damages mean any sum of money that needs to be paid to the plaintiff to compensate for any injury or loss suffered by the plaintiff. Damages are generally of two kinds: compensatory damages and punitive damages. In most cases only compensatory damages are awarded to restore the plaintiff to a position that he was in before being wronged.
Generally, you can seek medical expenses or lost wages, earning potential and any sort of suffering undergone. Further, you can also seek punitive damages if the wrong doing was intentional. Punitive damages are intended not to simply compensate the victim for losses suffered by him but also to punish the defendant’s conduct and make the defendant liable for his act. Punitive damages are similar to a fine. However, all the damages that can be sought have to be foreseeable and just. Foreseeable damages generally include economic losses, such as those for repairs to damaged property, medical bills, and lost wages.