What Is A Product Liability Case?
Product liability refers to a type of personal injury case. In this context, the term “product liability” describes cases in which a person has been injured by a product that was defective or otherwise unsafe.
What sorts of products can be the focus of product liability cases?
Virtually any product can be the focus of a product liability case, so long as that product was defective or unsafe and caused injury or death as a result. This can be just about anything, from toys to car parts to pharmaceuticals and medical devices to swimming pool accessories.
Who Can Be Held Responsible For Product Liability Cases?
Product liability cases aim to assign liability to the person or people responsible for placing the defective or unsafe product in the “stream of commerce.” Depending on the details of the case, liability can apply to a wide variety of different people all along the path that brought the product to the person it harmed. This can include:
- Inventors/designers/patent holders
- Retail Establishments
Are There Different Types Of Product Liability Claims? If So, What Are The Different Types Of Product Liability Claims?
Usually, product liability cases are grouped into three major types of claims. You can establish one or more of these claims, depending on the details of your case. The type of claim you make often dictates which people are held responsible.
- Defective Manufacturing: This sort of claim alleges that a product was made defective/unsafe due to mistakes made at the factory/manufacturing stage. An example would be a single car that had a malfunctioning airbag due to an error on the manufacturing floor on the day it was produced.
- Defective Design: This sort of claim alleges that a product was manufactured properly, but was designed in a way that made it defective/unsafe. Usually, this sort of claim will call out an entire line of products rather than a single faulty product. An example would be certain types of medical devices, like some hernia meshing, which cause complications in many patients due to design flaws.
- Failure to Provide Adequate Warnings: This sort of claim alleges that while a product may not be inherently unsafe or manufactured incorrectly, it became unsafe due to lack of warnings about the potential health effects and/or instructions about the proper use of the product. One famous example is the case of the herbicide Roundup, which was used to kill weeds. Exposure to Roundup can increase consumers’ risk of developing non-Hodgkin’s lymphoma, which the manufacturers failed to provide adequate information or warnings about. This has resulted in several product liability lawsuits.
How Can A Personal Injury Attorney Help Me Pursue My Product Liability Case?
First and foremost, a personal injury attorney can help analyze the facts of your case and establish whether or not you will be able to pursue it legally. If you do have a case with legal standing, it is absolutely essential to have the right personal injury attorney by your side from the beginning of your case.
Most manufacturers and other liable parties (as well as their respective insurance companies) will fight product liability cases very aggressively. This is because a successful product liability claim often leads to other similar claims. Having an attorney from the outset of the case will protect you from anything the liable parties, their insurance companies, and their attorneys throw your way. An experienced product liability attorney will also know how to build the strongest possible case on your behalf.
Have you been injured as a result of a faulty product? Are you considering a product liability lawsuit? You don’t have to do it alone. New Jersey product liability attorney Robert Simons is ready to help. For a free consultation on your Haddon Heights, NJ personal injury case, reach out today at (856) 499-8066.