Product Liability Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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What Is Product Liability?

Most products sold today are safe for general use. However, some products have defects in design or construction, which make them not work properly, or even worse, cause harm to the user. Product liability describes the area of law that attempts to recover loss caused by a defective product. Where a product causes unexpected loss damage to the consumer, the law protects consumer from by holding the party that caused the defect responsible for the damage. The responsible party may be the designer, the manufacturer, the distributor or the seller of the product, or a combination thereof. 

Determining who is responsible, requires an understanding of how the product was designed, created, manufactured and distributed so that you can determine where along this chain of responsibility the defect occurred.   

What Kind of Defects Can Cause Product Liability?

There are three primary types of product defects:

Dangerous Products

Some products are simply dangerous by nature.  Danger alone does not create liability on the parties who designed or made it. Those who buy dangerous products do so knowingly, and they assume the risk of being injured by the expected danger. 

However, if the danger is not one that one would ordinarily expect to be associated with the product, or if the consumer was not properly warned of the product's danger (so that he could not have knowingly assumed the risk), then the responsible parties may be held liable for injuries incurred as a result of the danger Product liability protects the consumer against injury from unexpected danger.

Legal Theories of Product Liability

Depending on state law and the circumstances of the injury a case may be brought under negligence, strict liability or a breach of warranty theories. Many states have enacted extensive liability statutes.  Some of these are modeled after the Model Uniform Products Liability Act.

Note that most states put limitations on how long you can wait before filing your claim. These statutes of limitation will completely prevent you from filing if you wait too long. Your legal representative will be able to tell you which of your state laws will apply to your situation and he or she will devise a strategy to maximize the compensation for your loss. 

Do you have a Product Liability case?

At minimum, to win a product liability case you will need to:

Product Liability Recovery

What compensation can you expect to receive? If you have a defective product, you may be able to recover the cost to replace the product. If the defective product also caused personal injuries, you may seek compensation for your:

Do I Need a Lawyer for My Product Liability Case?

Product Liability cases can be very complicated and hiring a legal advocate will maximize the possibility of recovery for your loss. The legal theories and limitations of product liability are vast, complicated and they vary by state. Your case may require that you hire experts to explain design or manufacturing issues. An attorney will be invaluable in dealing with all issues involved in a products liability case.    

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Last Modified: 02-13-2014 03:33 PM PST

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