Do I Have a Product Liability Claim? 

 December 11, 2014

By  LMW Attorneys

It is safe to say that the majority of us do not anticipate sustaining an injury from a product we have purchased. Unfortunately, mistakes happen and when they do, we could find ourselves, or a loved one, suffering from injuries or damages. However, when injuries or damages are sustained from a product due to the manufacturer or seller, you could have a product liability claim and could potentially garner compensation.

What is Product Liability?

Product liability, in short, entails the various laws and court rulings that apply to both businesses that make products as well as businesses that sell the products. The laws basically hold businesses, whether manufacturers or sellers, responsible for any damages sustained from the appropriate use of the product. There are numerous types of product liability, so depending on your specific situation; you may have a product liability claim. While product liability claims come to fruition as a result of a product that is deemed defective or dangerous, here are some specific types of product liability:

  • Design: You may have a product liability claim if it is determined that there is a defect in the design of the product, such as a poorly designed airbag that deploys randomly and causes injuries when deployed.
  • Manufacturing: A defect in the manufacturing can be ground for a product liability claim as well and can include manufacturer defects – for example: a tire that unexpectedly explodes while driving, causing a roll-over accident.
  • Marketing: Marketing defects occur frequently. If a product’s marketing does not include appropriate warnings or sufficient instructions and an injury is caused as a result, there may be a claim.

How Do I Know if I Have a Claim?

Product liability claims can be tricky. In order to determine if you have a claim, you must be able to prove that there was some sort of negligence. In order for negligence to be proved, it has to meet certain elements, which are:

  • Duty: In a products liability case, there has to be an element of duty. This means that the manufacturer or seller owed a duty to the plaintiff who suffered injuries or damages.
  • Breach: After the element of duty has been established, you must be able to prove there was a breach in this duty.
  • Injury: In order to have a products liability claim, there needs to be resulting injuries or damages which are also quantifiable.

If you suspect you have a products liability claim, it is important you contact a legal professional immediately. Because of the difficult nature of product liability claims, do not risk taking matters into your own hands. The LMW Attorneys can help aggressively defend your rights. Click here to contact LMW Attorneys or get a free consultation today.