Sometimes, an individual suffers injury as the result of a defective product. These kinds of cases are called “product liability” claims. Public policy dictates that products should be safe for their intended uses and consumers should not have to worry about them failing and causing injuries. If a product does fail and cause injuries, a claim may be brought against the entities in the distributive chain: such as, the manufacturer, the distributor, and those who transported or handled the product from point A to point B. It should be noted that product liability law is very complicated, and often implicates parties that are not in the United States. For that reason, it is important that a product liability claim be commenced in short order – it will give your attorney as much time as possible to investigate all the angles to the claim and to identify all potential culpable parties.
There are two primary theories under which someone can recover for a product liability claim. The first avenue is a “negligence” claim. This requires showing that the given defendant had a duty, breached that duty, and as a proximate result of the breach, an individual was injured. The second avenue is a “strict products liability” claim, wherein it must be showed that the injury resulted from a condition or defect in a product that was manufactured or sold by the defendant, that the condition or defect was unreasonably dangerous and that the condition or defect existed at the time the product left the defendant’s control. It is the injured party’s responsibility to prove that the defendant was either negligent or should be held responsible under strict products liability.
If you suffered injury because a product was defective and caused you harm, please contact us as soon as you can.