A product liability lawsuit is filed in case a defective product causes an injury to the buyer. Product Liability laws are established in the US that the manufacturers and distributors of products need to adhere to.
There are no federal product liability laws. They are under the purview of state laws and are governed by theories of negligence, breach of warranty, or strict liability. Each state in the US has prescribed specific warranty rules regarding product liability.
An injured person can stake a claim against a product supplier if he suffers an injury because of a defect in the product irrespective of who the product has been sold to. The only thing that needs to be established is that the product has been sold or distributed by the individual.
A product liability lawsuit can be filed against:
- Product manufacturers
- Manufacturers of components or parts of a product
- Entities responsible for assembling or installation of the product
- The wholesaler who supplied the product or the retailer from whom the product was purchased.
When filing a product liability lawsuit, the plaintiff must ascertain that the defect in the product comes under either of the following categories:
- Defects due to faulty design
- Defects caused at the the manufacturing or assembly stage of the product.
- Defects due to improper marketing of the product. These include aspects such as insufficient instructions on the product, or insufficient safety warnings, etc.
Some products are meant to be used carefully else they can cause an injury. These are products that will lose their utility value if one tries to make them safe. For instance, an electric saw could pose a risk to the user as it can cause cuts. However, if it is made blunt to prevent such risks, it will lose its purpose. In case of an injury caused by such products, a product liability case cannot be filed.
A product liability case may be filed by the attorney of the injured individual. The plaintiff in the case needs to hire a personal injury lawyer to help him file a case against the party responsible for the injury. The personal injury lawyer will need to prove that the defendant in the case was definitely responsible for the manufacture/supply of the product. The lawyer will need to prove negligence on the part of the defendant that led to the defect in the product.
In product liability cases that fall in the category of “strict liability,” the personal injury lawyer is only required to prove that the product was defective. There is no further requirement to prove negligence by the defendant.
If you suffer an injury due to a defective product, you will first need to assess whether you have a valid case or not. If you do, you will need to file a case against the concerned party. Only an expert personal injury lawyer can guide you in these matters and help you get adequate compensation.
Autrey Law Firm is a leading law firm in North Dakota and Minnesota. We have a team of experienced personal injury lawyers who understand all aspects of product liability laws.