PRODUCT LIABILITY

An Example of Product Liability

Submitted by jrlaw on Jul 26th, 2011
 
When a product poses a genuine risk to consumers, it is—in the best of all situations—recalled from the market before anyone is hurt. In July of 2011, for instance, the Consumer Product Safety Commission recalled Adventure Playsets and Swingsets from the market. These products were made of wood that was found to weaken after use. Because they posed a very real fall hazard to the children using them, they were removed from the market and existing customers were asked to contact Adventure Playsets so that they can get a repair set that fixes the issue.

This is an example of how product liability law protects consumers, along with a government agency that enforced the manufacturer's obligation to their customers. In this example, only one child was claimed to have been injured by the product, but the issue is being addressed and there will hopefully be no more injuries that result from it.

What are Product Liability Lawsuits Filed Over?

Submitted by jrlaw on Jul 5th, 2011

Product liability lawsuits are filed over numerous different types of defects and the damage that they cause. Just to give you an idea of what people have sued over in the past, the list includes:

  • Defective cars
  • Defective electronic devices
  • Defective medications
  • Defective hardware
  • Defective toys

These lawsuits have some features in common that you need to understand. The products also met at least one of the following criteria:

  • It was designed defectively
  • It was manufactured defectively
  • It was advertised incorrectly

At least one of those three criteria has to be met about the defective product. The product also has to have cause real harm—physical or financial—in order for someone to sue over it. The damage has to be able to be quantified in terms of cash for someone to file a lawsuit, as well.

What Makes Product Liability Law Firms Successful

Submitted by jrlaw on Jul 5th, 2011

Filing a product liability claim oftentimes means going up against a corporation that has vast resources to bring to its defense. Any lawyer can file a product liability lawsuit. What you need to make sure of is that the lawyer you select to file your product liability claim is one who has actually worked on these cases before and who stands a chance of winning it.

Suing

Whenever you file a lawsuit, there's no guarantee that you will win. What a lawyer can do, however, is plead your case to the jury in a way that elicits their sympathy and that explains to them how you are injured because of the manufacturer putting a defective product on the market. To get an idea of how these attorneys make these cases work for their clients, you have to understand a bit about what a defective product is.

Working with a Product Liability Attorney

Submitted by jrlaw on Apr 7th, 2011

Working with a defective products attorney is one way that you can seek compensation for any pain, injuries or suffering that was caused to you buy a product that didn't perform as was advertised. These attorneys specialize in the area of law that holds companies liable for damages caused by the products they sell. When you're working with them, the same practices apply as would apply if you were working with any other attorney.

Though it's rare, there is a chance that the manufacturer will offer you money to try to get you to go away. In some cases, particularly if you weren't put out a great deal for money or if you really weren't injured by the product, this might be a good deal. However, if you were seriously injured or if the item you bought was very expensive and simply did not do what it promised to do, you may want to talk to an attorney. An attorney can determine whether or not you have a lawsuit and, if you do they may be able to take it up for you in one of several different ways.

Product Liability and Dangerous Toys

Submitted by Anonymous on Feb 15th, 2011

One of the reasons that product liability law exists is because consumers are sometimes sold products that are dangerous right off the shelf. Some of the most egregious cases of a company being negligent by putting a product out on the market that pus their customers and danger involve children. One of these cases happen in the 1990s and involved one of the most popular toy lines of all time and one of the largest toy manufacturers in the world. The case is a good illustration of how product liability lawsuits are oftentimes not at all frivolous, despite what the media sometimes leads people to believe.

What is Product Liability Law?

Submitted by jrlaw on Jan 27th, 2011

Product liability law is widely misunderstood. When the media reports cases where companies are sued for defective products, they tend to concentrate on the jury award amounts, which are sometimes quite high. The cases where it seems like the individual who was harmed should have known better also tend to get more play than the cases where someone was seriously injured. This tends to skew the public’s perception of these laws, but they’re very sensible, in all reality.

In a product liability claim, the party suing may claim that they were harmed in several different ways. They may claim that hazards inherent to the product were not clarified by the manufacturer. They may also claim that the manufacturing process used for the product was flawed and, as a result, they were harmed by a faulty product. They may also claim that the product, when used as intended, was inherently dangerous. As an example of how this influences consumer products, you’ll find printed warnings on most items that are dangerous when used correctly. Lawnmowers, for instance, have many warnings on them about the dangers of flying objects striking your eyes and of the dangers of coming too close to the blades.

The Truth Behind Product Liability Claims

Submitted by jrlaw on Jan 27th, 2011

When people talk about healthcare, they often talk about how lawsuits increase the costs. If you made a list of dangerous drugs that were withdrawn from the market only after people started suing, it would be very long. Prescription drugs are just one of the products that are covered under product liability law. This law ensures that manufacturers cannot release something onto the market and claim its safe without being held responsible for that product.

The Truth Behind Product Liability Claims

Submitted by jrlaw on Jan 27th, 2011

When people talk about healthcare, they often talk about how lawsuits increase the costs. If you made a list of dangerous drugs that were withdrawn from the market only after people started suing, it would be very long. Prescription drugs are just one of the products that are covered under product liability law. This law ensures that manufacturers cannot release something onto the market and claim its safe without being held responsible for that product.

Filing a Product Liability Lawsuit

Submitted by jrlaw on Aug 16th, 2010

Product liability lawsuits can be a bit tricky. There are plenty of occasions when people are injured using dangerous products. However, there are some products that are inherently dangerous and that are labeled as being so. What makes a lawsuit over a defective product valid is when you had every expectation of not being injured and the product failed in some way to live up to that expectation. There are several ways that the law related to consumer products functions to hold manufacturer’s responsible for their products.

A defective product attorney can determine whether or not you have a case. They’ll need to know, however, the exact circumstances of the accident and how it occurred. If you were using the product in a way that goes against the indicated uses, there is no lawsuit available to you. Manufacturers are generally very good about labeling their products as to what hazards they pose, and they’re not responsible if you hurt yourself for them. They are most certainly responsible, however, if they hurt you through no fault of their own. Some of the hesitation people have regarding these lawsuits comes from a natural concern that it’s all their fault. This is rarely the case, however.

Is your Injury Due to a Faulty Product?

Submitted by jrlaw on Jun 3rd, 2010

Faulty products cause thousands of injuries each year. Today, there is even more reason to be concerned about this. More and more, manufacturers have turned to outsourcing as their primary means of manufacture. This means that, when you buy a product from a company, that company may well have had nothing to do with how it was manufactured, where it was manufactured or the standards of quality and safety to which that product was held. This is a worrisome situation and many consumers have found reason to be suspicious of today's manufacturers.

A good number of products sold in the US are made in China. The labor and safety standards in that nation are far less than they are in the US. While these products are supposed to be manufactured to US standards, there have been many instances of unsafe products being sold in the US, including the infamous incident where baby products were found to contain lead paint. The fact that these products are manufactured in another nation doesn't mean that no one is responsible for it when they injure or kill the consumers who purchase them.

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