Product liability law dictates that product manufacturers, designers, and other professionals in the same industry have the legal responsibility of ensuring their customers’ safety. Although many adhere to this, some companies still fail to follow the mandated safety standards, leaving consumers with defective products that may result in serious injuries—or death.
Regardless of the intentions, product manufacturers, designers, and other professionals can be held liable for injuries caused by their defective products. So, as a consumer, you can file product liability claims against responsible entities if defective products caused you any injuries. However, product liability law can be complicated. That’s why it’s best to understand the different aspects of the law and its processes.
Besides hiring a personal injury lawyer in your state to help with your case, remember the following things to make the filing process seamless—helping you get the justice you deserve.
You Can Sue for Marketing Defects
Many people think that design and manufacturing defects are the only ones liable for legal action. However, the truth is that there are three types of liability claims for product defects, including design, manufacturing, and marketing defects. A marketing defect is the manufacturer’s failure to provide proper labeling, warning signs, and safety instructions that can cause risks to the consumers.
You Don’t Always Need to Provide Proof of Manufacturer’s Negligence
Unlike most personal injury claims, you may not need to prove a defendant’s negligence when filing for a product liability lawsuit. However, your state’s product liability needs to adhere to strict liability doctrine. It’s nearly impossible for consumers to prove carelessness of a defective product. According to the statute, manufacturers can be held liable for product liability claims irrespective of their steps in making their products safe for consumers.
You Might Recover Punitive Damages
The amount of punitive compensation awarded to punish the manufacturer depends on the severity of damages or injuries caused by defective products. There are many types of injuries caused by faulty products, such as wounds, burns, and fractures. The manufacturer can be held accountable for all medical expenses and indirect and direct damages such as loss of wages.
Several Individuals Can Be Named as Defendants
Aside from the faulty product’s manufacturer, other parties can be held accountable for a product liability claim. They are the parties in the chain of manufacturing and distribution, including the product’s designer, wholesaler, and retailer. However, you must have to support your claim with proof that determines each party’s role in the claim. So, it’s best to consult with your attorney before filing a liability claim with the defendants.
The ‘Statute of Limitations’ Applies for Product Liability Claims
The statute of limitations is a state-based law that regulates the time limit for filing a legal action. Just like most types of lawsuits for personal injuries, the time limit applies to product liability claims too. The statute of -limitation depends on what state you’re in and what type of injury your claim is. Most of the time limit for filing a case starts from the date of the injury. In some states, the time limit is two years. For example, you suffered skin burns from using a faulty hairdryer, and you have to file the case within two years.
In Some Product Liability Claims, They’re Based on Negligence Alone
A product liability claim can also be a result of the product manufacturer’s negligence. The manufacturer has the responsibility to make safe products for the consumer. However, if they’ve been proven to have failed in that duty and their product caused damages or injuries, then they can be subjected to product liability claims.
Product liability can be a complex law area and often requires qualified tort lawyers’ expertise and resources. If you’ve gotten injured from specific products and wish to sue and get the justice you deserve, hire an experienced lawyer—and remember the things mentioned for a seamless process and successful claim.
