Product liability claims are widely misunderstood but, at the same time, they're actually pretty simple in theory. When someone puts a product on the market, they owe the customers who buy that product some basic assurances where quality and safety are concerned. If they fail to live up to these expectations, they can be held liable in court, in some instances.
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:
These lawsuits have some features in common that you need to understand. The products also met at least one of the following criteria:
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.
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.
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 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.
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.
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.
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.