A product liability lawyer has two roles: prosecuting individuals and companies that have created a product which caused you or your family harm, or defending you if you have been accused of creating a product that causes harm.
What’s a product liability lawyer?
If you’ve been injured by a dangerous or defective product, a products liability lawyer may be able to help. Products liability lawyers handle injuries resulting from defective consumer products like airbags, guns, lawnmowers, football helmets, and tobacco. They also handle food poisoning cases.
Can I sue a company for a bad product?
If a product with manufacturing defects causes injury to the intended user, then the manufacturer can be held liable. Manufacturing defect claims can be difficult to prove in court because they usually involve a limited number of products, unlike design or warning defects.
Who can bring a products liability lawsuit?
Generally, any manufacturers as well as any sellers down the distribution chain (i.e., distributors, wholesalers, and retailers) can be held legally responsible for a defective product causing injury.
How do you prove product liability?
Although the particulars vary from state to state, products liability law usually requires that you prove all of the following things (these are called the “elements” in your claim) in order to win: You were injured or suffered losses. The product is defective. The defect caused your injury.
What is a product liability lawsuit?
A product liability lawsuit is a legal action that the plaintiff (a consumer) brings against the manufacturers, distributors, and/or retailers of a product that injured them by virtue of a defect of design, manufacture, or marketing. Some product liability lawsuits are individual actions.
What is product liability negligence?
Product liability negligence occurs when a supplier, such as a wholesaler, retailer, distributor, manufacturer, or other party in the supply chain, places a product the stream of commerce with inaccurate or inadequate labeling, or manufacturing or design defects or flaws.
What are three types of product defects?
Though there are numerous instances in which a defective product could injure a person, defects that give rise to supplier, seller, or manufacturer liability are categorized by three types of product defects: design defects, manufacturing defects, and marketing defects.
What reasons can you sue a company?
What are Some Common Reasons Companies are Sued?
- Suppliers or consumers believe that the company has breached a contract.
- Shareholders believe the company misled the public about the company’s financial situation.
- Companies or individuals claim your organization has infringed upon their intellectual property rights.
Who should be responsible when a faulty product injures someone?
Instead, the manufacturer of the product would be held liable for the injuries since the defect was a production error. Multiple parties, including manufacturers, distributors, and retailers can be held liable in the event that a marketing defect caused someone harm.
What is the difference between strict liability and product liability?
Product liability laws apply to injury caused by a defective or dangerous product. … Strict liability may play a role in defective product cases where the victim of the injury was being careless or using the product in a manner inconsistent with its intended function and design.
What are the limits to product liability?
In California, if you have been injured by a product, you have two years to file a lawsuit from the time you knew or should have known about your injury. The California product liability statute of limitations is two years. This means that a person who has been injured by a product has two years to file a lawsuit.
How do you win a product liability case?
If a defective product caused your injuries, product liability law says that you do not need to prove negligence. Instead, you only need to show that the product had a defect when you bought it, that you did not alter it significantly, and that you suffered injuries because of the defect.