Product liability refers to the area of tort law that determines who will be held responsible when someone is injured after using a product. If a product has injured you or a family member, you need to get familiar with the basics of this type of law before you initiate a product liability lawsuit with the help of a lawyer. Here are the facts to know.
A product liability lawsuit can involve a variety of parties, with the manufacturer of the product being just one. In fact, many product liability cases name the wholesaler or owner of the retail store as the responsible party. Your product liability lawyer can help you determine who is responsible.
One detail to note is that the requirement of privity of contract no longer applies. This means that you do not have to prove that you purchased the product from the manufacturer before you initiate a product liability lawsuit. Even if you borrowed the product from someone, you may still have a case.
There are three types of product defects that your case might involve:
Some products are inherently dangerous and are therefore considered unavoidably unsafe. Common examples include:
Manufacturers cannot usually change the design of such products to make them safe without making them ineffective. However, they can reduce risk by including warning labels that detail the dangers of the product so consumers can handle with care. If you were injured by a product that did not have sufficient warning labels, you might have a product liability lawsuit.
It’s helpful to know the most common defenses that lawyers use in product liability lawsuits. They include:
Now that you know the basics of this type of law, it’s time to contact a product liability lawyer to find out if you have a case. Call us today to schedule a consultation!