Product liability lawyer is a legal professional who protects consumers from harm resulting from defective products. If a consumer is harmed by a defective product, various parties may be responsible for placing a product on the market that they know poses a risk to the consumer.
Success in product liability lawsuits enables lawyers to pursue these claims with advanced expertise. Injury attorneys review all cases of negligence for potential claims against the manufacturer or seller of the defective device.
Product liability law:
In the United States, when a consumer purchases a product and uses it for its intended purpose, the product must be safe to use. If a consumer is damaged by a product, they can claim product liability from the seller, manufacturer or designer of the product, depending on the cause of the damage.
Terms to know:
- Warranty
- Negligence
- Strict liability
- Design defect
- Manufacturing defect
Product liability defect cases include:
Products which are included in product liability cases are mentioned as
- Automotive parts such as tires, brakes, seat belts and airbags
- Home appliances such as heaters, stoves, ovens, water heaters, etc.
- Unreasonable fire hazard from furniture, bedding, curtains and rugs
- Electrical appliances and equipment, such as drills, saws, and nail guns
- Sports equipment such as archery equipment, motorcycles and motorcycle helmets
- Children’s toys, including imported toys with unsafe lead-painted surfaces
- Dangerous medical devices, including prostheses and implants
Defects in design and manufacturing:
Manufacturing defects
Products with manufacturing defects are designed to be safe, but some types of defects are caused by errors in manufacturing practices. This may include product manufacturer misconfiguration or accidental contamination. Even if a product is designed correctly, manufacturing defects such as screws or missing screws can cause serious damage. Therefore, it is important to monitor the production process.
Design defects
A product with design flaws has flaws that make the product unsafe. The product may have unsafe features or lack features that make or use the product safe. An example of a design flaw is a curling iron that burns when heated. In this case, the product has obvious design flaws.
Product liability legal action:
Many product liability attorneys can work for larger companies that have the resources to sue multiple consumers for damage from the same product. It may even cause a “class action”.
Plaintiffs’ lawyers face serious challenges due to the rise in national tort reform laws that seek to limit the number and types of lawsuits brought against companies offering defective products.
Consultants are usually paid salaries and typically work as employees of companies involved in the design, manufacture, and sale of products in the United States market.
Successful elements of a product liability claim:
In a lawsuit, following elements are required to be proved
- The plaintiff was injured
- The plaintiff suffered loss
- The product was defected
- The defect in the product was the main cause of the injury
Attorney in product liability lawsuit can help you recover following damages:
The plaintiff may get
- Medical insurance
- Allowance
- Pain and suffering
- Emotional distress
Compensation: This compensation aims to restore the ‘integrity’ of the author after an accident or injury. They can be divided into two categories: real and general.
Special Damages: These damages compensate plaintiffs for out-of-pocket costs or monetary losses, such as hospital and medical expenses, lost wages, replacement shipping and damage costs, and costs of repairing or replacing damaged goods.
General Damages: This compensation aims to compensate the author for losses that cannot be easily measured in monetary terms. This often includes aches and pains, emotional distress, medical bills, loss of future wage value, loss of partnership, and enjoyment of life.
