Product liability concerns defective or dangerous products that cause thousands of injuries every year. Personal injury laws help people receive compensation for their injuries due to defective products.
Product liability refers to a manufacturer, retailer, or seller of the product to be held liable for placing a defective product into the hands of a consumer regardless of whether they were negligent or not.
There are three primary types of product defects:
Liability for a product defect could be on any party in the products chain of distribution even if they were not the party that created the defect. As long as they were the party who placed the defective product in the marketplace and the product was defective when it left the hand of the defendant, the defendant may be held strictly liable. The following parties may be held liable:
The responsible party must actually use or sell the product in the regular course of business. A party cannot be held responsible if they were a casual seller such as a person selling the product at a garage sale.
To bring a product liability claim, the plaintiff has to prove that at some point, the product was being sold in the marketplace. In the past, the only person that could bring a prodict liability claim must have been the purchaser or the product, but now any injured person can bring a claim even if they were not the original purchaser of the product. If a product does not work properly or causes harm to the user, then any of the following parties may be liable:
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:
The law for product liability is very confusing, and you may need a personal injury attorney to help explain your rights and protect your interests. An attorney can also file a lawsuit on your behalf against the designer, manufacturer, or seller of the defective product so you can recover for your injuries.
Last Modified: 01-30-2017 09:54 PM PSTLaw 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.