In this article, we will attempt to answer some of the most frequently asked product liability questions.
What kinds of product liability claims are there?
There are three groups of product liability claims, and they are:
- Products that have been manufactured with a defect
- Products that have been designed with a defect
- Products that fail to provide adequate instructions or warnings
Let’s take a closer look at these categories:
– Products that have been manufactured with a defect
The defects found in products that fall into this category typically involve a person or a machine making an error while the product was being assembled, or some time between the moment the product left the factory and reached the seller.
– Products that have been designed with a defect
The defects found in products that fall into this category typically involve a dangerous element. This means that the product is dangerous, even if it had been manufactured correctly. Although many people may wish to pinpoint the danger of a single product, the courts may wish to look at all the products that were manufactured on the same factory line to see if all of them are unreasonably dangerous.
– Products that fail to provide adequate instructions or warnings
The defects found in products that fall into this category typically involve products that do not come with any or with adequate instructions or warnings, and it’s this that can cause an injury.
Who may be found Liable if I am Injured by a Defective Product?
In your claim, you may want to think about including every single person or party that was involved in the manufacture, distribution, and sales of the defective product that caused your injuries or damages. You may also want to think about naming the contractors, designers, quality control team, and anyone who can be linked to the product. The more people you add to your claim the more likely it is that you will find the guilty party or parties and win your case.
What will I need to prove to win my Claim?
Although what you need to prove tends to vary between states, product liability law generally asks you to prove the following elements:
- You sustained injuries or you suffered losses
- The product you used is defective
- The defective product caused your injuries
- You were using the product exactly as it was supposed to be (or intended to be) used
How Long will I have to file my Claim?
The legal term that refers to the amount of time you have to file your claim is known as the ‘Statute of Limitations’. Every state will have their own statute of limitations and it’s absolutely vital that you find out what yours is. If you do not file your lawsuit in time your case may be disregarded, despite your good evidence. Please make sure you find out when the statute of limitations for your defective product liability claim is, and when the clock started ticking (When you were injured, or when you should have discovered that you were injured.)
What Types of Compensation can you Receive in a Product Liability Claim?
Before you think about the type of compensation you could receive you may want to think about the types of damages you suffered from, and the amount of damages too. There are two types of categories that damages fall into, these are punitive damages and compensatory damages.
Punitive damages are used to punish the defendant for their conduct and act as a deterrent so they do not act the same way again. Punitive damages are usually awarded in terms of a fine and they are based on the misconduct in relation to their wealth.
Compensatory damages work to restore you to the condition that you were in before your accident took place. The court will decide how much you should receive based on your injuries while attaching a value to them. Compensatory damages typically include loss of earnings, medical expenses, and damage to your property. Pain and suffering is also covered too.
Do I have a claim if a Drug I was Prescribed Caused Nasty Side effects?
A lot of defective product liability claims begin with an individual stating that a prescribed drug they took had dangerous side effects. Patients often claim that they were either not made aware of the side effects or that they were dangerous. However, many pharmaceutical drugs that are prescribed daily are known to have risks, and if your doctor thinks that it’s worth you taking the risks you may not have a claim regardless of how bad your side effects are.
What Exactly is a Product Liability Claim?
If you sustained an injury or damages when you used a product that you did not know was defective you could have a lawsuit which is known as a ‘Defective product liability claim’. If you think you could have a lawsuit please speak to a product liability lawyer as soon as you can.