The average consumer is now much more informed about the products they are purchasing. Regardless of the type of product, people generally read the description on the back to understand the uses and warnings.
However, sometimes accidents can happen no matter how well-informed you were before buying and using a product. Although it can sometimes be tricky when these companies list the harmful effects and you use the product without reading them first, the companies responsible for the product can be held liable for damages caused by it.
Regardless of the situation, you should contact a product liability attorney for help. They will look into the merits of your case and give you a clear picture of the actions you can or cannot take for a lawsuit.
This article will help you better understand product liability and the benefits of a product liability lawyer.
What Is Product Liability?
Product liability can be filed against a manufacturer or seller for placing a defective product in the hands of a consumer. Generally, anyone in the distribution chain can be held accountable for the product. In some cases, multiple people may be injured by the same defective product, in which case a mass tort case may be filed.
Previously, there had to have been a contractual relationship between the consumer and the responsible party. For instance, having a receipt to show proof that you bought the said product from the supplier.
However, most states these days allow anyone who was harmed by the use of the product to file a claim. It doesn’t matter whether you or someone else bought the product.
Basically, anyone who could have foreseeably used the product that was sold to a consumer can file for product liability.
Types of Product Liability Claims
The product liability lawsuit can cover a large range of consumer products. Therefore, there is often confusion as to the type of defect the product should have to file for a lawsuit. For instance, it can be hard to file if the manufacturer said their cream can cause a certain reaction.
Therefore, you can go through the following common examples to get an idea of the type of product liability claims.
Manufacturing Defects
If you think the product that harmed you had a manufacturing defect, then you can sue the manufacturing company directly.
This is often the case when you have been using a product for a long time, and purchased many pieces of the product over time, but the latest one you bought caused you harm.
The main problem can be proving that the product had a manufacturing defect before you purchased it. Luckily, an experienced lawyer can help.
Defective Designs
Sometimes the manufacturers didn’t do anything wrong, but the people responsible for designing, whether they’re also the manufacturers or not, can be held accountable.
This can be the case if you bought a children’s toy made from small detachable parts that can be choking hazards or you bought a table that can easily topple.
Marketing Defects
Product liability claims can also be filed against the marketing defects for an item. It can be for risks not properly detailed on the item for the consumers.
However, you should keep in mind that the manufacturer is not responsible for stating the incredibly obvious risks, such as being burned by a hot frying pan.
By reaching out to an experienced product liability lawyer at www.thomaslawoffices.com, you can better understand the strength of your case.
Types of Compensation For Successful Claims
Since a product liability lawsuit is a civil case, a successful outcome in your favor will only lead to compensation. There aren’t any criminal outcomes if the case comes out in your favor.
Moreover, there are several types of compensation for product liability claims that you should familiarize yourself with in advance. It will help you decide if it’s worth the effort.
- Recover the total amount of medical bills
- Recover loss of future earnings and wages
- Loss of consortium
- Expenses for future medical treatment related to the harm caused by the product
- Pain and suffering caused by the product
- Mental anguish caused by the product
Keep in mind, these are only some types of compensation that you might receive. Only your lawyer can assess the full nature of damages you should aim for in your lawsuit.
Furthermore, if the product damage led to a death, ask your lawyer if it would be better to file a wrongful death or product liability. An experienced law firm will have all types of specialists to help you.
Reasons To Hire An Attorney
With a better understanding of product liability claims, you might understand the level of complications the lawsuit involves. For details, here is how an experienced attorney can help you.
Identify The Responsible party
As you can understand, knowing exactly who to sue in a product liability claim can be challenging. There could be many people involved in the manufacturing chain, supplying chain, or distribution chain of the product before it reached your hands.
Having an attorney on your side, they can use their experience and professional staff to find out exactly who you have the best case against for the claim.
Experience In Negotiating
If you have ruffled a few feathers, the company responsible might offer you a small settlement to make the whole thing go away. It’s important to understand that you don’t accept any money before talking to an experienced independent lawyer.
For lawyers, it is their job to be the best at negotiating with the tools they have on each case. They understand the situation better, know the company, and are aware of the precedents for such cases.
Therefore, they can get you a much better settlement than what the company might otherwise offer.
Gathering All the Evidence
The most crucial part of a lawsuit is gathering the evidence. Since you’re the one filing a lawsuit against a person, group, or company, among others, you need to present proof to show they are guilty.
With evidence, it is not only complicated to know what you need to gather but it can also be challenging to extract the proof and compile it in a way acceptable to the court. Then, you also need to use the evidence for negotiations or present them in court.
An experienced lawyer knows what evidence to gather and how to gather it, as well as use it in a way that results in a successful claim.
