Have you been injured by a product that malfunctioned or didn’t work as expected? In these situations, you might have a product liability case. Product liability laws protect consumers from companies that sell unsafe products.
What is Product Liability?
Product liability is a legal area that holds manufacturers, distributors, retailers, and other parties in the supply chain responsible for injuries caused by defective products. The law applies to a wide range of products, from toys and household appliances to cars and medications.
There are three main types of product liability claims:
- Design defect. This occurs when the product itself is inherently unsafe, even when used correctly. For example, a toy with small parts that can easily be swallowed by a child could be considered a design defect.
- Manufacturing defect. This happens when a product is not made according to its design specifications. An example of this could be a power tool with faulty wiring that creates a shock hazard.
- Failure to warn. This applies when a product lacks proper warnings or instructions about potential dangers. For instance, a medication that doesn’t list all possible side effects could be a failure to warn case.
How Does a Product Liability Lawsuit Work?
If you believe you have been injured by a defective product, you may want to consider filing a product liability lawsuit. This typically involves the following steps:
- Investigation. We will investigate the product and your injury to determine if there is enough evidence of a defect and how it caused your harm. This may involve gathering evidence such as medical records, witness statements, and expert opinions.
- Demand letter. Our attorneys may send a demand letter to the product’s manufacturer or seller outlining the claim and seeking compensation for your injuries.
- Lawsuit. If a settlement cannot be reached through a demand letter, we will file a lawsuit in court.
- Discovery. Discovery may involve our attorneys conducting depositions and submitting interrogatories or requests for documents.
- Trial. If the case doesn’t settle before trial, a judge or jury will decide whether the product was defective and if the defect caused your injuries. If they find in your favor, they will award you damages for your medical bills, lost wages, pain and suffering, and other losses.
Fight Back and Hold Companies Accountable
According to the National Safety Council, more than 4 million product-related injuries are treated in emergency rooms each year. This statistic highlights the prevalence of injuries and the importance of product liability law, which ensures manufacturers prioritize consumer safety and are held responsible when their products cause harm.
If you have been harmed by a defective product, don’t hesitate to seek justice. Kaster Lynch Farrar & Ball has a team of experienced product liability attorneys ready to fight for your rights and hold negligent companies accountable. Call or contact us online for a free consultation.
