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Answers to
your Questions
Who can bring a Product Liability suit?
A product liability lawsuit may be brought by or on
behalf of an individual injured or killed by a
defective product against the manufacturer (and
possibly the wholesalers, distributors and seller)
of the defective product. Product liability lawsuits
generally involve several legal theories including
negligence, strict liability, and breach of
warranty.
Who can be held accountable in a product
liability case?
It may be possible to hold any entity in the
product's chain of distribution responsible for the
harm caused by the dangerous product. This could
include the designer of the product, the
manufacturer of the product, the manufacturer of a
defective component of the product, a distributor of
the product, or the end-seller of the product.
What types of damages may be sought in a
product liability lawsuit?
A person injured due to a defective product may seek
compensation for: medical expenses, physical pain
and suffering, mental anguish, disfigurement,
physical impairment, loss of earning capacity,
property damage, and punitive damages. A person
killed by a defective product may seek compensation
for wrongful death. It is important to note that the
statue of limitations for wrongful death is just two
years, rather than the three years generally
available where the defective product inflicts
injury but does not result in death.
What is product liability?
Manufacturers of food products, drinks, engineering
goods, medicines, etc., are expected to be careful
in the design and production process. If they fail
in their duty, they are liable to pay compensation
for the consequences because their defective
products might cause loss of life and damage to
property. ALWAYS RETAIN THE PRODUCT. Do not give it
over to a representative of the manufacturer or the
manufacturer's insurance company.
How do I prove a product is defective?
Proving a product is defective requires careful
examination and evaluation of the product by
scientists, engineers, and other experts. It also
requires in-depth study of the history of the
product's design, patenting, and manufacture.
Thorough research of applicable industry and
governmental standards is essential to the
successful handling of a product liability case.
Do I need a lawyer in a product liability
case?
Due to the complexity of product liability cases and
the need for expertise in the engineering and
scientific fields, any victim of a dangerous product
can benefit from the services of a lawyer. Without a
lawyer, the chances of recovery are not as good.
If I am seriously injured by an appliance
or some other type of mechanical apparatus that is
more than two years old, does that mean that the
product is too old to have a lawsuit for product
liability?
No. A product liability claim must be brought within
three years of the time when the accident occurred
(two years in Pennsylvania or where a death
results). This does not mean that the device
responsible for the injury cannot be much older, for
example, five, ten or even fifteen years older. The
manufacturer's duty will be gauged by the state of
the art at the time the product was designed and
manufactured.
Our brand-new power mower backfired and
injured me. From whom may I recover damages?
This is a typical product liability case. You may be
able to prove that the manufacturer of the lawn
mower made a defective product. Most courts today
hold companies responsible for a defective product
strictly liable to consumers and users for injuries
caused by the defect, particularly where the injury
was foreseeable to the manufacturer.
Can I bring a product liability against a
manufacturer for incorrect product labeling?
Yes. Marketing defects include improper labeling of
products, insufficient instructions, or the failure
to warn consumers of a product's hidden dangers. A
negligent or intentional misrepresentation regarding
a product may also give rise to a product liability
claim. Warnings must be conspicuous and effectively
communicate the hazard associated with improper
uses.
Is there a Federal product liability law?
There is no federal product liability law.
Typically, product liability claims are based on
state laws, and brought under the theories of
negligence, strict liability, or breach of warranty.
In addition, a set of commercial statutes in each
state, modeled on the Uniform Commercial Code, will
contain warranty rules affecting product liability.
"Lock Bumping" is the latest safety issue for
homeowners. This video shows how burglars can
break into many homes by using a "bump key" to
open a door lock. This is a serious matter, and
all homeowners should be aware of this potential
problem. Click twice on the arrow
to view the video.
Please see our webpage on
Defective Products
for more information. |
