As a consumer of products you have certain expectations about the products you purchase. You expect the product to properly function, complete its intended purpose, and not harm you while in use. These expectations are not unreasonable nor are they out of the ordinary. Purchasing and using a defective product can be frustrating experience and can also lead to serious injuries. If you feel compelled to fileproduct liability lawsuit you may many questions. Below are the most common product liability case questions answered.
1. What is a product liability claim?
Once you suffer injuries as the direct result of a defective product you may be able to file a product liability lawsuit. You may be able to receive compensation to cover the damages and injuries you suffered. For a defective product liability claim to be filed you must provide evidence that proves the damages or injuries were the result of the defective product. If a combination of external factors contributed to the damages or injuries it may weaken your case.
2. What types of product liability claims are there?
Although each claim is unique and details may vary, these claims usually fall under three categories.
- Defective manufacturing
Defective manufacturing means an error was made when the product was being manufactured or before the product reached the consumer.
- Product Design
Product design are errors made in the conceptual design of the product. When designers do not account for potential dangers the product can create this can lead to injuries of consumers. A product can have a defective design, but can be manufactured properly.
- Failure to warn
Failure to list warnings or instructions is also considered “defective marketing”. When a product does not warning labels that alerts users of possible dangers or appropriate use a product liability claim can be made.
3. Who is liable for the injuries or damages suffered?
Product liability claims are unique cases because liability can fall upon more than one pair of shoulders. When filing a claim, be sure to include all the parties involved. The process of designing, manufacturing, and distributing a product involves a number of people. Product designers, the manufacturer, retailers, wholesalers, and suppliers can all be held liable. In cases involving defective medical devices or drugs your physician, or pharmacist can also be held liable.
4. What types of compensation may I receive?
Compensation for defective product claims usually fall under two categories: compensatory or punitive damages. Compensatory damages are intended to recover you to your original state. Most compensatory damages restore economic losses. The losses can include medical bills or lost income. Compensatory damages can also intangible like present and future pain and suffering. Punitive damages are damages are intended to punish the person who committed the crime. These damages usually come in the form of fines.
If you feel compelled to file a product liability claim, feel free to contact us at Kyle Law Firm for a free consultation.