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Product Liability Attorneys
Products liability refers to the liability of any or all parties along the chain of manufacture of a product that has caused serious damage or injury to a person or persons because the product’s inherent flaws rendered it hazardous.
Who is Responsible For a Defective Product Injury
Liable parties can include the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail storeowner (at the bottom of the chain). Plaintiffs in a products liability case are usually consumers that were injured by a defective or dangerous product that they purchased, borrowed, or were given.
3
categories of
product liability claims
When considering what product liability is, product defects come to mind. A product liability claim is one in which an injured party may hold a manufacturer, designer, seller and/or distributor liable for injuries resulting from defective products. Typically, these claims fall into three categories:
Involves a situation where the product is alleged to be unreasonably dangerous even though it was manufactured and assembled exactly as intended. In a design defect case, there are no unique flaws or imperfections in the particular product causing the injury. Instead, the plaintiff alleges that every like product is inherently unsafe because of the way it is designed.
Occurs when some mistake or abnormality takes place during the manufacturing process thereby causing the product not to conform to its design specifications or to vary from the condition it was expected to be in at the conclusion of its production. A manufacturing defect usually involves a single unit or a batch of product made around the same time.
Involves a failure to include adequate instructions describing the intended and correct use of the product, and/or a failure to provide adequate warnings about the known or foreseeable hazards associated with usage of the product.
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Contact us today if you or someone close to you suffered serious personal injuries because of a defective product.
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The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.
Product Liability FAQ's
Answers to the most frequently asked questions about Product Liability claims.
When is a manufacturer responsible for a defective product?
A manufacturer can be responsible for a defective product whenever that product unexpectedly causes harm when you were using it as you were supposed to. For instance, if you take a drug as directed that causes you to experience liver damage, the manufacturer may be held responsible. Manufacturers can limit their liability in some cases by providing you with warning of the danger of a product (you can’t, for example, sue a drug company if you develop a side effect you were expecting or a hair dryer company if you use the hair dryer in the tub and electrocute yourself). However, a failure to adequately warn of the dangers or any type of design defect or flaw in the product itself can also lead to a product liability claim.
Who is responsible for a defective product?
Most product liability claims are handled under strict liability rules. This means you do not have to prove the manufacturer was negligent in any way in order to recover compensation. You simply have to show you used the product as you were supposed to and it caused unexpected harm.
It is also possible to bring a product liability claim based on negligence (by proving the manufacturer was unreasonably careless in the design or production); based on a design defect; based on failure to warn of the product’s dangers; or on other legal grounds. Your product liability lawyer will explain to you what the best argument or arguments are for liability.
What types of compensation can I get?
When a defective product is sold, many people usually buy that product. As a result, many people typically suffer the same harm or a similar type of harm. If many people all experience the same type of harm and are entitled to make the same type of legal claim, these multiple claims are often combined into one large class action in the interests of expediency.
Should I join a class action?
Whether to join a class action or not after you have been harmed by a defective product is going to depend upon the situation. If you have a strong case and aren’t afraid to go to court or try to settle on your own, you may want to avoid joining the class and giving up control over the lawsuit. However, joining a class action is often the easiest way to recover compensation. Joining a class action also makes sense when you suffered losses that weren’t high enough to make bringing your own lawsuit worthwhile.
Product Liability Law
“Product liability” generally refers to a legal claim or lawsuit in which someone alleges that a product malfunctioned, failed to work properly, or was too dangerous and as a result, caused one or more persons to suffer bodily injury or death. In a product liability lawsuit, the plaintiff seeks to hold the designer, manufacturer, distributor and/or seller of the defective product legally liable for damages arising from the injuries or death caused by that unsafe product. As a general rule, laws governing product liability cover personal property not land, real estate or improvements to real property. Examples of “personal property” governed by product liability laws include all types of consumer goods such as tools, appliances, toys, furniture, firearms, sporting gear, and motor vehicles. Product liability claims can also involve all types of industrial, construction or farming machinery or equipment. In addition, raw or prepared food items, beverages, prescription drugs, over-the-counter medicine, and medical devices can also be the subject of product liability lawsuits. Almost anything which is manufactured or produced and then placed in the stream of commerce for purchase or consumption by the public can be the subject of product liability litigation.
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