Thread: What to know about product liability claims?

Have you been injured by a product-whether because it is defective or obnoxious? If your answer is yes, you may be entitled for compensation from the manufacturer of component parts down to the distributor or retail outlet. A product liability claim may be pursued.

When individuals are harmed by an unsafe product, they may have a claim against the persons who designed, manufactured, sold, or furnished that product. The law imposes a strict liability against the seller, distributor and manufacturer. In this score, Proof of negligence of the manufacture is not required as the same is presumed.

This is a deviation from the old rule of

If you can prove that a product is "unreasonably dangerous" - that it has a design or manufacturing defect - then you may be able to establish that the defendant is "strictly liable." Unlike negligence cases, you may not have to prove the manufacturer knew about the danger, because even if they didn't, they should have. (One of the main purposes of this provision is to hold manufacturers accountable for developing safe products). You still, however, have to prove that the product caused your damages.

The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product. These give them the right to file their lawsuits against the company.

You mean to say that if the product is found bad or defective then all members responsible for putting it together are responsible for the product completely?

Not everyone responsible for making the product, but the company itself will be held liable. The actual people who are held liable depends on the type of company it is - incorporated, limited liability company, etc.

The product liability laws vary from state to state. It is a broad spectrum; a claim for its violation may require different elements to be proven-to present a successful claim.

You may not have to prove the manufacturer knew about the issue, because even if they didn't, they should have. You still, however, have to prove that the product caused your damages.

When pursuing a product liability claim, be prepared to provde the following in support thereof:

[ ] Incident/accident report and/or nature of claim or defect (e.g., design/mfg.)
[ ] Adverse party’s insurance info
[ ] Medical Expense summary and demand letter
[ ] Expert’s Report/CV
[ ] Doctor’s summary reports/ hospital admission/discharge summaries; operative reports
[ ] Manufacturer info/product manuals; prior similar incidents/reports

Retain an attorney experienced in handling such cases. These case are often not as straight-forward as one might imagine and the manufacturer is not likely to be extremely cooperative.

The company should be liable on the defective product especially when it make some damage to you the company should pay you regarding the defective product

Product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective.

There are generally three types of product liability cases: negligence, strict liability and breach of warranty. Like most laws, these vary by state and not all provisions apply in every state, so you need to talk with a lawyer to figure out what's most appropriate for your situation.