If you have suffered a personal injury because of a defective consumer product, there are a number of claims that may allow you to recover damages.
Negligence
In a negligence claim, a party involved in the making or distributing of the product failed to act in a way that a reasonably thoughtful person would act in the same situation and that failure caused the product to injure you.
Implied or Express Warranties
Claims based on warranties are limited in certain ways: - Claims can only be brought against the seller of the product or the product¿s components. This means that generally, a person who leases or loans the product or its parts cannot be held responsible for your injuries.
- The product must have been defective when it left the seller¿s possession. Regardless of who you are making your claim against (e.g., manufacturer, retailer, or distributor) a person cannot be held responsible for a defect that came about after they sold the product or its parts unless the defect was reasonably foreseeable.
Strict Liability
In a strict liability claim, like a claim based on a warranty, it does not matter whether the potential defendant acted carelessly or carefully; liability exists if the product was defective.
What Are the Differences between These Claims?
Warranty and strict liability claims do not require proof of the defendant¿s state of mind, which can be hard to prove in a negligence case. Another benefit of warranty and strict liability claims is that the defendant cannot claim contributory negligence. This means that if your conduct in using the product was negligent, the defendant might not be held responsible, even if they also acted negligently.
Do I Need a Lawyer to Sue for Products Liability?
The reasons for choosing one kind of claim over another are complex and involve many other factors, including deadlines imposed for filing a claim and the particular facts of your case. An experienced products liability attorney can advise you on the best options for filing a successful lawsuit. |
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