Products Liability
Products Liability
Product Liability Lawyer
Product liability refers to a civil action for damages for an injury caused by a product, which is manufactured, distributed or sold in an unreasonably dangerous condition. An unreasonably dangerous condition can be shown where the product contains a manufacturing defect, or was defectively designed, or did not contain sufficient instructions or warnings of a potential safety hazard. It does not matter if there was intent to cause damage or not—if a product is in an unreasonably dangerous condition at the time it leaves the manufacturing facility, distribution warehouse, or retail store, etc., and it injures someone, the manufacturer and those in the chain of distribution and each seller can be held responsible for the damages caused by their product.
If a defective product injured you, you might be able to file a personal injury claim against the manufacturer, distributor or seller of that product based on products liability law.
What Is a Defective Product?
Defective products come in many forms. They can be vehicles, appliances, medical devices, and even toys. If a product is faulty, it can cause serious car accidents, injuries or even death. If a defective product has injured you, you should contact a product liability lawyer as soon as possible.
A defective product has some flaw that causes it to harm its user. This could be because of poor manufacturing quality control or because the manufacturer knew about the potential for harm but did not warn consumers. There are three types of defects:
Defective Design
A product’s design can be determined to be defective under two separate legal tests: the consumer expectation test and the risk-benefit test.
Under the consumer expectation test, a product may be defective if it did not perform as safely as an ordinary consumer would have expected it to perform when used or misused in an intended or reasonably foreseeable way.
Under the risk-benefit test, a product may be defective if the manufacturer/distributor/seller cannot demonstrate that the benefits of the product’s design – though dangerous – outweigh the risk of harm the product poses to consumers.
Defective Manufacturing
A product contains a manufacturing defect if the product differs from the manufacturer’s intended design or specifications, or if the product differs from other typical units of the same product line.
Failure to Warn
A product may be defective if there are insufficient instructions or warnings of potential dangers in the use of the product.
What You Should Do if a Defective Product Has Injured You
If a defective product has injured you, you may be wondering what to do next. It’s important to remember that you have rights, and the law allows you to recover compensation for your injuries if you can show that the product is defective.
When a defective product injures you, the first thing you should do is seek medical attention. You may have sustained an injury that requires immediate treatment.
It’s also essential to collect evidence of your injuries as soon as possible after the incident occurs. This includes taking photos of the accident scene and any damage to your body or clothing. Additionally, if any witnesses are present during the accident or immediately afterward who can corroborate your story, contact them and ask them if they’ll be willing to testify on your behalf.
Preserve as much evidence related to the product as possible, such as:.
The product itself
Product packaging
Product manuals
Product receipts
You should then contact a defective product attorney before contacting the seller/distributor/manufacturer of the product, or anyone else who may represent the interests of those entities.
Who Can a Product Liability Claim Hold Responsible?
You can bring aproducts liability claim against the manufacturer, the wholesaler, the distributor the retailer, and even the product designer.
Manufacturers
Manufacturers are responsible for producing a safe product. This includes ensuring that the product’s design is safe and meets all safety standards. They are also responsible for assembling the product correctly, checking that all parts work together accurately, and testing the finished goods before going to market.
Distributors
Distributors act as middlemen between manufacturers and retailers. They often buy large quantities of products from manufacturers and sell them to retailers at a profit. In some cases, distributors may not be aware of any defect or danger with a product before selling it to retailers. However, this does not mean they are not liable because a distributor also has an obligation to ensure that the products it places into the stream of commerce are safe.
Retailers
Similarly, retailers have an obligation to sell safe products. This includes inspecting products for safety, and also selling products with proper warnings to alert consumers of the possible dangers of the product.
Reasons a Party Can be Held Responsible in a Product Liability Claim
There are three major theories of liability in a product liability case:
Negligence
Negligence is a legal theory that holds one party responsible for another’s injury due to a lack of reasonable care or failure to act when there was a duty to do so.
Strict Liability
Strict liability means that a manufacturer or seller is held responsible for injuries caused by their products without a showing of negligence. Under a strict liability theory, an injured person does not have to prove negligence on the part of the defendant —they instead must show that they were injured while using a defective product, and that defect caused their injury.
Breach of Warranty
Breach of warranty is also known as breach of express warranty and implied warranty of merchantability. It involves an agreement between two parties regarding what goods will be sold and what those goods will do. If something goes wrong with your purchase and it doesn’t match what an advertiser or salesperson promised you, you may have grounds for a breach of warranty claim against them.
A Product Liability Attorney Can Help You Pursue a Claim
Products liability claims are often complex, and involve complex legal and factual issues, which originate from witness testimony, engineering and design standards and experts, and large document production. An experienced product liability lawyer understands how to establish liability by demonstrating how a product is defective, and how to bring in all of the essential, responsible parties.
Benchmark Injury Law is a personal injury firm with a unique and values-based approach to helping our clients, our team of defective product lawyers and case managers is dedicated to developing strong relationships with clients, prioritizing client service and the individual needs of a client to deliver the best possible result. If a defective or dangerous product has injured you, reach out to our product liability lawyers at 844-BIG-WINZ (844-244-9469) or fill out our contact form for help looking into your claim.
Frequently asked questions
What should I keep after an injury involving a product?
If safe, preserve the product, packaging, instructions, receipts, and photographs in their current condition. Do not alter or discard an item that may need inspection; seek advice if storage could create a safety risk.
What can make a product legally defective?
A claim may involve design, manufacturing, or warning issues, but the legal standards and evidence vary. A product’s failure or an injury alone does not establish that it was defective.
Who may be involved in a product-injury claim?
Depending on the facts and applicable law, potentially relevant parties may include a manufacturer, distributor, or seller. A review examines the product, its path to the user, and the cause of the injury.
What records should I organize for a product-related injury matter?
Useful records may include the product and packaging, instructions, receipts, photos, and treatment records, if safe to preserve. Keep available documents in their original form when practical, and do not put your safety at risk to collect them.
Should I wait until I have every record before asking about a product-related injury matter?
Not necessarily. Note which records you have, which are missing, and who may hold them. An initial review can identify additional information, but it is not legal advice for your specific situation.
Does one detail determine the outcome of a product-related injury matter?
No. For example, whether a design, manufacturing, or warning concern contributed to the injury may matter, but its significance depends on all the evidence and applicable rules. An individual review should consider the full context.
What consequences may be relevant in a product-related injury matter?
A review focuses on the legal questions and practical effects raised by the situation. Some civil matters may involve documented medical or financial effects; others turn on procedures or agreements. What is relevant depends on the facts and law.
Does every product-related injury matter follow the same process?
No. The process may depend on the type of matter, jurisdiction, parties, and applicable documents. A case-specific review can clarify the relevant steps without assuming one procedure fits every situation.
Is there one deadline for every product-related injury matter?
There is no single deadline that applies to every case. Timing may depend on the law, jurisdiction, parties, and type of claim; ask promptly about your specific circumstances.
Does contacting Benchmark create an attorney-client relationship for a product-related injury matter?
No. An initial conversation does not by itself create an attorney-client relationship. Representation, scope, and fees must be expressly agreed before the firm accepts a matter.
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