A product liability case is one in which the manufacturer or distributor of a faulty product is held accountable for damages caused by that product. Each year in the United States, dangerous or defective products cause thousands of injuries. Product liability law differs from normal personal injury law because it holds a manufacturer or seller accountable for placing a defective product into the marketplace.
In the United States, products are expected to meet the ordinary expectations of consumers. Additionally, they are expected to perform as advertised when used according to the manufacturer’s or seller’s instructions. In the case of a defective product, that product does not meet the expectations of the customer.
Product liability claims are based on state laws. There are no federal laws surrounding product liability.
Who is Responsible?
If you have been injured due to a defective product, there are certain requirements before you can make a claim. Firstly, the product must have been available for purchase to consumers in the marketplace. That said, the victim of an injury caused by a defective product is not required to have purchased the product; the product simply must have been sold to someone.
Several different parties may be held responsible in a product liability claim – essentially any party in the product distribution chain, including:
- Manufacturers of the product
- Manufacturers of component parts used in the product
- Wholesalers of the product
- Product installers or assemblers
- Retail stores that sell the product
Types of Defects
A product may be considered defective for several reasons, including:
- Defects in design
- Defects in manufacturing
- Defects in marketing (improper labeling, faulty instructions, etc.)
If you have been injured due to a defective product, you could be entitled to compensation for your losses. A personal injury attorney specializing in product liability can help you through your claim and recover the compensation you deserve.
