What is product
liability?
Who can bring a product liability suit?
Who can be held accountable in a product liability case?
What types of damages may be sought in a product liability lawsuit?
How do I prove a product is defective?
Do I need a lawyer in a product liability case?
If I am seriously injured by an appliance or some other type of
mechanical apparatus that is more than two years old, does that mean
that the product is too old to have a lawsuit for product liability?
Can I bring a product liability against a manufacturer for
incorrect product labeling?
What is product liability?
Manufacturers of food products, drinks, engineering goods, medicines, and all
other consumer products are expected to be careful in their production. If they
fail in their duty, they are liable to pay compensation for the injuries caused
by their defective products, including damages for loss of life, damage to
property or injury to a person.
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Who can bring a product liability suit?
A product liability lawsuit may be brought by or on behalf of an individual
injured or killed by a defective product against the manufacturer (and possibly
the wholesalers, distributors and seller) of the defective product. Product
liability lawsuits generally involve several legal theories including
negligence, strict liability, and breach of warranty.
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Who can be held accountable in a product liability case?
It may be possible to hold any entity in the product's chain of distribution
responsible for the harm caused by the dangerous product. This could include the
manufacturer of the product, the manufacturer of a defective component of the
product, a distributor of the product or the end-seller of the product.
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What types of damages may be sought in a product
liability lawsuit?
A person injured due to a defective product may seek compensation for:
- Medical expenses
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Physical impairment
- Loss of earning capacity
- Property damage
- Punitive damages
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How do I prove a product is defective?
Proving a product is defective requires careful examination and evaluation of
the product by scientists, engineers, and other experts. It also requires
in-depth study of the history of the product's design, patenting, and
manufacture. Thorough research of applicable industry and governmental standards
is essential to the successful handling of a product liability case.
Contact a lawyer at Barry & Loewy LLP
who will ensure that all of the necessary research and evaluations occur to
prove injury in your case.
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Personal
Injury claim review.
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Do I need a lawyer in a product liability case?
Due to the complexity of product liability cases and the need for expertise in
the engineering and scientific fields, any victim of a dangerous product can
benefit from the services of a lawyer.
Contact Barry & Loewy LLP today to
discuss your individual case and injuries.
Click here for a free Personal Injury claim review.
If I am seriously injured by an appliance or some other
type of mechanical apparatus that is more than two years old, does that mean
that the product is too old to have a lawsuit for product liability?
No. A product liability claim must be brought within two years of the date
when the accident occurred. The device responsible for the injury can be much
older, such as five, ten or even fifteen years older.
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Can I bring a product liability against a manufacturer
for incorrect product labeling?
Yes. Marketing defects include improper labeling of products, insufficient
instructions, or the failure to warn consumers of a product's hidden dangers. A
negligent or intentional misrepresentation regarding a product may also give
rise to a product liability claim.
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For more information, please see our page on Product Liability.
If you have additional questions, click here for a free Personal Injury claim review.
