Those who have purchased a product and have been injured by that product have legal recourse against anyone involved in the sales process from the manufacturer all the way through retail. This is known as a product liability lawsuit. Any harm that has been suffered through a product that has been sold can be compensable.
Product Liability Lawsuit
A product liability lawsuit will typically be brought pursuant to state laws. There are no federal product liability laws. Usually, common law theories of liability will apply to these cases. There will usually be three different types of theories in each product liability case, and they are as follows:
- Strict Liability – If the plaintiff can show that the product was unreasonably dangerous and was not used incorrectly, the manufacturer or selling party can be found liable regardless of the care that they took.
- Negligence – Manufacturers may be held liable if they failed to exercise due care at various steps in the manufacturing process.
- Breach of Warranty – There are various implied and express warranties that guarantee to the customer that the product will work as intended.
If any of these three apply, then there may be a viable product liability lawsuit. Of course, a plaintiff will always try first for a strict liability claim because the plaintiff’s conduct then does not matter.
Product liability applies to practically anything associated with both the manufacture and sale of the product. So long as there is a defect somewhere in the process, someone will be liable to the consumer. Here are some of the different types of defects:
- Design Defects – The product may have been manufactured as intended, but still caused harm because something was wrong in how it was designed
- Manufacturing Defects – The design may have been flawless, but there was something that went wrong when the product was being made.
- Marketing Defects – The product could have been sold for a use that was not fitting or the seller could have failed to warn about a dangerous aspect of the product.
Product liability cases can touch on practically anything. It is the go-to theory when one has been sickened by tainted food as well as when defective airbags cause injury. These laws protect consumers from defective medications and malfunctioning products. The laws operate to protect purchasers of these goods from anything that may go wrong once they buy them.
Manufacturers and merchants have every incentive to protect themselves from product liability lawsuits. Settlements and jury verdicts can put a company out of business so defendants will ordinarily fight hard. Oftentimes, product liability cases may require scientific evidence or expert testimony. These cases require expert legal assistance, and our lawyers at The Eichholz Law Firm have a long track record of litigating product liability cases. We can help fight for justice if an injury has been caused by a defective product. Our attorneys have handled complex cases, such as product liability claims, and can navigate complex legal issues. Contact us today or fill out our online application to find out your next steps.