In the United States, product liability law holds manufacturers, distributors, suppliers, and retailers strictly responsible for any injuries or damages that result from defects in their products.
In some jurisdictions, such as the state of California, manufacturers can be held strictly liable for injuries caused by their products, meaning that the plaintiff does not need to prove negligence on the part of the manufacturer in order to recover damages. This allows for a more streamlined legal process and greater protection for consumers who are harmed by defective products.
If you or a loved one has been injured by a defective product, you may be able to file a product liability claim against the responsible party. Keep reading to learn about five common examples of product liability cases.
One of the most common types of product liability claims involves defective automotive parts. In recent years, there have been recalls for everything from faulty airbags to ignition switches that can cause cars to shut off while driving.
If you’ve been injured in a car accident that was caused by a defective part, you may be able to hold the manufacturer liable.
Child injuries from cribs and other baby products
Every year, thousands of infants and young children are injured by defective baby products. Common examples include cribs with dangerous drop-side railings, strollers with faulty brakes, and high chairs with sharp edges.
If your child has been injured by a defective baby product, you may be entitled to compensation for their medical bills and other damages.
Sports equipment injuries
Defective sports equipment is another common type of product liability claim. For example, if you or your child is injured by a defective hockey stick or baseball bat, you may be able to file a claim against the manufacturer.
Other examples of defective sports equipment include football helmets that don’t provide adequate protection against concussions and basketball hoops that collapse unexpectedly.
Medical device defects
Medical devices are another common type of defective product. In recent years, there have been recalls for numerous types of medical devices, including heart implants, pacemakers, hip replacements, and insulin pumps. If you or a loved one has been injured by a defective medical device, you may be able to file a claim against the manufacturer.
Defective household products
Many household products can also be dangerous if they are defectively designed or manufactured. For example, if you’re injured by a defective washing machine, dishwasher, or vacuum cleaner, you may be able to file a product liability claim against the manufacturer.
Other examples of defective household products include smoke detectors that don’t work properly and space heaters that catch fire unexpectedly.
What is a product liability case?
A product liability case is a legal claim brought by an individual or group who has been injured or harmed by a defect in a product. The claim is typically made against the manufacturer, designer, supplier, or seller of the product, and seeks to hold them liable for the injuries or harm caused by the defect.
What types of defects can lead to a product liability case?
Defects that can lead to a product liability case can include manufacturing defects, design defects, and failure to provide adequate warning or instructions.
What kind of injuries or harm can be covered in a product liability case?
Injuries or harm that can be covered in a product liability case can include physical injuries, property damage, and even death.
What is the statute of limitations for filing a product liability case?
The statute of limitations for filing a product liability case varies depending on the jurisdiction and the specific circumstances of the case. In general, it is advisable to consult with a lawyer as soon as possible after being injured or harmed by a defective product, as waiting too long can limit your ability to recover damages.
What is the standard of proof in a product liability case?
The standard of proof in a product liability case is typically a preponderance of the evidence, which means that it must be more likely than not that the product was defective and that the defect caused the injury or harm.
Who can be held liable in a product liability case?
In a product liability case, potential defendants can include the manufacturer, designer, supplier, or seller of the product. Also, in some cases could be distributors or retailers of the product as well, these are known as a downstream manufacturer.
Is there a way to prove a product liability case?
To prove a product liability case, the plaintiff typically needs to establish that the product was defectively designed or manufactured and that this defect caused the injury or harm suffered. This can be done through evidence such as expert testimony, documentation, and inspections of the product.
Can I sue for both economic and non-economic damages in a product liability case?
Yes, in a product liability case, a plaintiff can typically seek to recover both economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering. The type of damages you can sue for will be dependent on the jurisdiction laws.
Product liability law is designed to protect consumers from being injured by defective products. If you or someone you love has been hurt by a dangerous or faulty product, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.
To learn more about your legal rights after sustaining an injury from a defective product, contact an experienced personal injury lawyer in your area today for more information about filing a product liability claim.
