Consumerism is what drives the economy and is an integral part of everyday life for Americans. People interact with a variety of products daily, from food to cars to electronics. Unfortunately, not every product is made carefully with possible hazards in mind.
If you’ve been affected by a defective product, you should look for product liability lawyers. As a consumer, the United States grants you protection against damaged products by holding manufacturers accountable. Filing a claim ensures that your rights are protected.
What is a Product Liability Claim?
A consumer or user can bring a claim against a manufacturer if they have been injured, fallen sick due to the use of, or otherwise been in danger from using a product. For example, if a car battery explodes due to incorrect manufacturing or if a cosmetic causes an allergic reaction due to incorrect labeling, the consumer can file a product liability claim.
Types of Product Liability Claims
Defects in a product can be categorized into different groups as follows:
Defective design: If there was a flaw in the way the product was designed and not in the manufacturing process, the designer can be held liable. For example, if a safety device reacts badly to the environment in which it is intended to be used, it could qualify for a defective product claim.
Manufacturing defects: If there was no flaw in the design, but the manufacturers made errors in the way the product was made, they can be held accountable. For example, if the manufacturer of a car used defective materials to make the airbags, they can be held accountable.
Failure to provide adequate labeling or warnings: Manufacturers are required to provide adequate instruction on how to use the product and warnings of possible risks. Failing to do so makes them liable for damages. For example, if a food product has an ingredient that could cause allergies or side effects, but the labeling fails to mention that, the manufacturer can be held liable.
What Does a Victim Need to Prove?
In order to prove a product liability claim, the victim simply has to show that a defect existed and does not need to show that the defendant was negligent in their behavior. This makes it much easier than typical personal injury claims, where negligence has to be proved for the defendant to be held accountable.
If the victim was injured by a defective product, say a baking appliance that exploded due to heat, they will have to show evidence of their injuries, which can be in the form of medical bills and doctors’ notes. The product defect can be shown using videos of how the product was used, for example, as a key requirement is that the product be used as intended.
If a victim misused a product or behaved in a way that caused the accident to happen, they could be held partially responsible for the product defect and may not be able to win full compensation.
Who Can Be Held Accountable for It?
Typically, manufacturers of products are the target of product liability claims. However, the retailer or other distributors and the designer of the product can also be held accountable for the damage.
Damages in Product Liability Claims
Like most personal injury claims, the victim of a product liability claim is eligible for economic and non-economic damages. Economic damages include any financial costs resulting from the defective product, like medical bills or property damage. The victim is entitled to compensation for future medical costs as well, in addition to any surgeries, medication, or treatment they had to get for their injuries.
Non-economic damages include anything that cannot be quantified, like psychological damage resulting from the accident or pain the victim had to go through from the injury. The court typically places a value on such pain, for which the victim receives proportional compensation.
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