Precautionary measures have been taken to guarantee the security of retail goods. The specific precautions that must be taken depend on the item in question. However, in most cases, customers have the right to feel safe when using a product as intended.
A product liability claim can be filed in the event of an accident, death, or other damage caused by a defective or dangerous consumer product. Defective product claims can be broken down into three main categories: design flaws, manufacturing flaws, and inadequate directions. For more nuanced and specialized legal advice, see a Home Improvement Defective Product Attorney.
Has a Dangerous or Defective Product Caused You or a Loved One Injury?
Anyone who has a faulty or unsafe product has hurt understands how distressing it can be. You have the right to initiate legal action against the responsible party if you were injured because of a defect in the product’s design, inadequate instructions for use, or a defect in the product’s manufacture. Anyone from an individual to a business to a manufacturer to an insurance provider to a multinational corporation to a government agency could be held liable.
When can a lawsuit be filed, and under what grounds?
The most common legal grounds for compensation in product liability lawsuits are claims based on negligence, tortious misrepresentation, breach of contract, and strict liability in tort.Â
In order to win a negligence case, you must show that:
- The product’s maker has an obligation to you.
- The manufacturer failed in their responsibility to you, and that failure was the direct and legal cause of your injuries.
- Because of the careless act, you sustained actual harm.
- If you were injured because of a defective product, and the maker lied to you about it, you may have a claim for tortious misrepresentation.
You may have a claim for breach of warranty if you were injured by a product that was supposed to be protected by one. A seller’s warranty can be an express or implied product quality guarantee.
In a strict liability lawsuit, the injured party need not prove negligence on the part of the product’s maker or vendor in order to collect damages for their injuries. An accomplished local product liability lawyer can advise you on the best course of action to take, given the specifics of your case.
How can a Lawyer Who Focuses on Injuries Caused by Defective or Dangerous Products Assist You?
A skilled attorney can review your case and determine your legal rights after an incident involving a harmful or faulty product. A lawyer can give you an idea of what to expect at each stage of a personal injury case.