With millions of products for purchase and millions more being produced, it’s hard to determine whether or not a product is defective. However, every day millions of people are injured or have a family member that is killed by a defective product and may not know that they deserve compensation. Whether it’s a one-of-a-kind defect or a defect in the entire product line, the manufacturer should be held accountable for a faulty product.
Learn more about product liability lawsuits and whether or not it’s right for you and your family by reading the information below.
[accordion_item title=” How is a product considered defective?”]
There are three different categories that constitute a product being defective
- In its design
- In is manufacture
- In its instructions, labels or warnings
The product only needs to have one of these defects to support a product liability case. However, the plaintiff can allege that the product caused injury because of multiple defects in their claim.
[accordion_item title=” Who is held liable for injuries or deaths caused by defective products?”]
There may be multiple parties who can be held liable. If another company was responsible for the design, plans or specifications of the product, the designer could also be a viable defendant. However, if the defective condition involves a component part of the product, the company that designed or manufactured/produced that component for assembly may also be a defendant and share liability for the plaintiff’s damages.
[accordion_item title=” When can I pursue a product liability lawsuit against the company which produced a dangerous product that caused an injury or death in my family?”]
To pursue a product liability claim, you (the plaintiff) must be able to show that the product was “defective” and that defective condition cause someone to suffer an injury or death. The plaintiff must also be able to prove that the product was in the same condition as it was when it left the manufacturer and placed in a store for purchase.
Once the plaintiff proves that it was in the same condition, they must establish that the product was being put to its intended use or in a manner that was anticipated to the company that produced it. [/accordion_item]
[accordion_item title=” How do I know whether the product causing my injury was defective?”]
Although there are some exceptions, the defective condition of a product usually isn’t obvious. This can make it difficult for most consumers to identify and evaluate. Determining whether a product is “defective” will usually require analysis by a product liability lawyer and a professional with applicable expertise.
Injured parties should never assume that they have no product liability case because a product defect is not obvious or apparent. The defective condition can be dormant or it may only be apparent to someone with considerable expertise about the type of product involved.
[accordion_item title=” Do I need to have possession of the defective product in order to file a product liability lawsuit?”]
There is no legal requirement that the plaintiff possess or be able to produce the allegedly defective product in order to file the product liability lawsuit. However, if you don’t have the defective product, it will be much more difficult to have a successful lawsuit. It is highly recommended that you locate, secure, store and preserve the product that is in question and keep it exactly in the same condition as it was at the time of or immediately after the injury happened.
[accordion_item title=” Can a company be held liable for failing to take action when they learn that people are being harmed or killed by a product they have produced?”]
Yes. Manufacturers are obligated to protect the consumers throughout the life of the product. If a company learns about the dangers their product may cause after it has been on the market and after is has been used by consumers who are injured, then the company must take steps to warn past and future purchasers. In some cases, the product should be recalled and those companies that fail to recall the product or fail to provide after market warnings can be held responsible in a product liability lawsuit.
[accordion_item title=” Are all products subject to product liability laws?”]
Almost every item of personal property that is produced and make available for purchase by an individual, business or government is subject to product liability laws. Manufacturers can be held accountable for injuries cause by their defective products regardless of where they are purchased by the end user. Once the product enters the stream of commerce, the manufacturer assumes the risk of liability to the person that the product caused harm to.
[accordion_item title=” Is there a time limit for filing a product liability lawsuit?”]
Each state has statutes that establish the maximum period of time that someone has to file a product liability lawsuit. Anyone who is considering a product liability claim should get legal advice from an attorney about how long they have to file a lawsuit.
Some states may also have a product liability statute of repose which places a limit on the period of time after a product is manufactured or sold. This means that in a case of an older product, the statute of repose could expire before the statute of limitations has expired.
Because the injured party has such a finite and potentially short window to file a product liability claim, it’s important to seek immediate consolation after the injury happens.
If you or a loved one has been injured due to a defective product, contact a product liability lawyer immediately. At Balkin Law, we can help you determine if a defective product was responsible for your injuries and if you are in the allotted time to take action. To learn your rights and to speak with an experienced product liability lawyer, call us at 1-888-751-5908 or visit our site at hirethebull.com.