Product liability claims happen when a defective product is harmful to the user. This could be harmful by design, manufacturing, or a failure to warn users of the risks. Due to the unpredictability of these dangers, many users receive injuries every year from these products.
If you’re hurt by a defective product, you may have a claim for any damages that happened due to the design, manufacturing, distributor, importer, or seller of the product. They may be liable for the injuries incurred.
Speaking with a product liability lawyer is highly recommended, as they can look into the cause of damages, who is liable, and how much compensation you deserve for them. Let a lawyer make navigating how product liability claims work easier.
Types of Product Liability Claims
Product liability claims include any claims where a product hurt you due to a flaw in the product. Typically, liability comes from the manufacturer or other step in the line between the creation of the product and your purchase.
But what types of claims are there? Here are a few ways a product may be defective and what you should look for.
This claim alleges that the product is dangerous based on the design, not an error in the manufacturing process. For example, a vehicle that has a heavier top is more prone to a rollover accident.
There are numerous products that can have a defective design, not just vehicles. Car parts, household products, toys, and other gadgets might be considered defective based on design. They have to be considered unreasonably dangerous because of the design to have a claim.
These are the most common product liability claims. This is based on the product having a defect from the manufacturing process, which makes it dangerous to use. This may be one product out of thousands, or a handful of them.
An example of this would be a set of tires that are designed to support the weight of the vehicle they’re on, resist items being driven over, and hold up to normal wear and tear. However, during manufacturing, something gets in the way of the glue supporting the tire walls and they end up blowing out while being used.
The manufacturer of a product has a duty to warn of any and all dangers that exist when using their products. When they fail to do this, the user of the product may become harmed. Manufacturers do not have to warn of every possible risk, but the ones they know of should always be disclosed to reduce the chances of a product liability claim arising.
Damages in Product Liability Claims
No matter the defect or how the injury came about, there are a series of damages that can happen. Some of the compensation you can pursue with a product liability claim include:
- Loss of consortium
- Disability costs
- Lost wages
- Medical bills
- Loss of earning potential
- Loss of enjoyment of life
- Pain and suffering
Filing Your Product Liability Claim
In order to receive compensation for a product liability claim, you have to prove a number of things. Regardless of which product liability claim you’re making, you can expect these steps in your claim.
- Prove the defendant’s relationship to the product.
- Prove that an injury occurred.
- Prove the product is defective and unreasonably dangerous.
- Prove a connection between the defect or non-warning and the injuries sustained.
- Prove that the injuries caused were due to the negligence of the manufacturer of the product.
Seek Out Legal Representation for Your Product Liability Case
When you’re hurt by a defective product, you may be due compensation to help you overcome these losses. If you’re in need of legal aid, reach out to an attorney, who can explain how product liability claims work and what compensation you’re due.
Ready to get started with a free consultation? Give us a call here at Baratta Law, LLC at 215-914-8132, or fill out our online contact form below. We can answer any questions you may have and provide you with guidance based on your particular situation.