A product liability lawsuit typically involves injuries caused by a product that is defective in some way. These are fairly common types of lawsuits, as there are so many different products available for consumers. Product liability cases can often be filed as class action lawsuits if many people were injured or affected by the product. However, the injured party might not be able to sue at all if they purchased the product as "used" or through a grey market.
There are three different types of products liability lawsuits that can be brought: negligence, strict liability, and breach of warranty. There are also certain elements that the plaintiff has the burden to prove to successfully bring products liability claim, including:
The plaintiff can bring a product liability claim under three different theories:
Products liability may be proven using three different types of defective product theories. Understanding these types of product liability theories can help you understand if you have a case or not. They include:
Note that a products liability case can involve one or more of the types listed above. Most lawsuits only involve one type of defect, but liability may increase if the product is defective in more than one way.
When preparing for a product liability claim, you may wish to:
You may also wish to begin compiling medical records or receipts if you have been seriously injured. These may be necessary when calculating damages. Lastly, you can also check online listings for product recalls or dangerous product listings, to see if your product is listed as a dangerous product. You may also wish to begin anticipating any defenses to product liability.
If you are successful in a products liability claim, you may be able to recover up to four different types of damages:
Most products liability cases are taken on a contingency fee basis. Under a contingency fee basis, the client does not have to pay for the attorney’s services unless the plaintiff is successful in the case. When the plaintiff receives some kind of compensation or settlement from the defendant, then the attorney will take out an agreed percentage from the settlement.
Product liability claims can often involve many different legal theories, and they may require the help of a lawyer. You may need to hire a personal injury lawyer in your area if you believe that you have been injured due to a defective product.
Last Modified: 05-14-2018 08:00 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.