Things You Must Know About Product Liability

Under the legal principle of product liability, a manufacturer or seller can be held responsible for creating and selling a defective product to a consumer. A defective product is a product which does not meet the standard expectations of consumers and poses unexpected hazards. In the United States, net premiums worth more than 2 billion were submitted in 2017 alone, as per the report published by Insurance Information Institute.

Who Can Sue For Product Liability?

Previously, there was a requirement of a contractual relationship between the seller and individual who sustained an injury in order to raise a product liability claim. However, this requirement no longer exists, thus the person who suffered an injury due to the defective product does not have to be a direct purchaser to file a product liability lawsuit against the negligent party. Any individual who suffers from an injury due to a defective product can file a recovery claim for the damages, provided that the product was actually sold to someone.

Who Can Be Sued For Product Liability?

All the sellers that are involved in the distribution chain of the product can be held liable for a defect that causes an injury to an individual. These may include:

  • The manufacturer of the defective product.

  • The producer of defective components.

  • The entity responsible for the assembly of the defective product.

  • The business responsible for the installation of the defective product.

  • The wholesaler who sold the defective product to the retailer.

  • The retailer who sold the defective product to the consumer.

However, it is important to take note that for a product liability claim, the sale of the product must be made in the regular course of the business. For instance, a product sold at a garage sale will not qualify for product liability action.

How to Establish Product Liability?

In order to establish liability, a plaintiff must prove beyond reasonable doubt that causation of their injury was the defective product. Moreover, they have to prove that the defect made the product unreasonably unsafe. Product defects are not only limited to manufacturing defects but also include design and marketing defects. For instance, a design that is inherently dangerous for the user or perhaps insufficient warning labels or usage instructions.

If you have sustained an injury due to a defective product and wish to file a lawsuit, it can be highly advantageous for your case to acquire services of an experienced personal injury lawyer. Product liability cases can be complex, and establishing liability may require assistance and testimony by professionals. A competent personal injury lawyer will gather evidence and establish facts, which will help you obtain rightful compensation for your pain and sufferings.

Moreover, each state has different laws and regulations pertaining to product liability, thus having a seasoned personal injury lawyer can greatly benefit your case and increase the likelihood of obtaining damages for the injuries that you sustained due to a defective product.

If you wish to seek further information about this subject or schedule a consultation session, contact the team at Wright & James, P.C. at 404-624-7447 to discuss your case with an experienced personal injury lawyer.


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