Product Liability FAQ
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When a product is not manufactured or designed correctly, a defect can cause the product’s user serious damage. It is important for you to be aware of your legal rights as a consumer when a defective product harms you or someone you love.
Our experienced team has compiled this list of product liability frequently asked questions to provide you with important information needed to file a product liability claim. If you have any additional questions that are not answered here, the product liability lawyers at Janet, Janet & Suggs will be able to provide you with the information you may need.
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What is Product Liability?
Liability for a defective product is held by its designer, manufacturer and the retailer who sold the item to the consumer. Responsibility might be held by either one or multiple parties, depending at which stage the defect first appeared.
What is Legal Liability?
Legal liability is the act of holding a party responsible for its actions or inactions. In a product liability case, the at-fault party can assume legal liability for creating, manufacturing or selling a defective product or for not providing an adequate warning to consumers detailing the product’s potential danger.
What is a Defective Product?
A defective product is an item that cannot perform its original intended use due to an error in the manufacturing process or a flaw in its design. A defective product can cause great harm to its user and may result in severe injuries, illness or death.
What Must be Proven in a Product Liability Case?
In order to form a successful product liability case, you must be able to prove certain factors, including:
- The product must have been in a defective condition that prevented it from functioning properly and has become too dangerous for its intended use.
- The defect must have existed after it left the manufacturer.
- The injury or death must have occurred as a direct result of the defective product.
Are There Different Types of Product Liability Claims?
There are three different types of product liability claims that you can file:
- Manufacturing defect liability claim
- Design defect liability claim
- Failure to warn liability claim
What is a Manufacturing Defect?
A manufacturing defect occurs when a mistake is made during the process of building the product or before the product is sold to the consumer.
What is a Design Defect?
A design defect is a problem with the product’s design that makes it dangerous, even if it was manufactured perfectly out of high-quality materials. This issue occurs in the initial design phases of the product even before it is manufactured.
What is a Failure to Warn Claim?
When a product is sold to a consumer without an adequate label or instructional guide informing the user about the product’s potential dangers, the consumer can file a failure to warn claim.
What is Product Misrepresentation?
Product misrepresentation occurs when a retailor or manufacturer provides false information about a product’s use or performance abilities. This can have disastrous effects on the user and may cause him or her great harm.
Why Should I File a Product Liability Claim?
Filing a product liability claim is important when trying to receive compensation for any injuries, medical bills and lost wages caused by a defective product. It will also hold the at-fault party responsible and help to prevent future defects from occurring. As the statute of limitations differs depending on the state’s liability laws, it is important that you do not hesitate to file a claim.
How Can a Lawyer Help Me?
A product liability attorney can help you in many ways. An attorney can assist you in filing a claim to receive compensation. Throughout that process, our attorneys will conduct an independent investigation to determine the cause of the defect and represent you in a trial against the at-fault party.
Is it Worth Filing a Claim if I Can’t Afford an Attorney?
We understand that many people who are affected by defective products cannot afford to hire an attorney. However, our product liability attorneys work on a contingency fee basis, which means we do not charge any legal fees unless you are awarded damages for your case.