Typically, personal injury law provides an injured person an opportunity to file a civil lawsuit in court and recover compensation for all the losses incurred. It includes car accidents, workplace accidents, and even lawsuits involving product liability.
By definition, product liability is a type of liability that occurs when the manufacturers or sellers are held liable for placing a dangerous or defective product in the possession of a customer. For example, if a certain product is sold and fails to meet the ordinary expectations, it can result in a product liability issue. However, you should take note that these cases can be highly complicated and time-consuming, which is why understanding the various aspects of these lawsuits is essential.
Below are the four things you should know about product liability lawsuits:
- There Are Different Types Of Defects Involved In Product Liability Lawsuits
When it comes to product liability lawsuits, the plaintiff or the one instituting the case should prove that the product they purchased was defective and, therefore, dangerous. So, if you’re the plaintiff, you need to know the following types of product defects to validly institute a case against the manufacturer or seller:
- Manufacturing defects: These are defects that develop during the manufacturing process of the product.
- Design defects: These are defects caused by an inherent design flaw, making the product dangerous or unsafe for consumers.
- Marketing defects: These are defects that arise when the product has been marketed. These can include improper labeling, insufficient safety warnings, and inadequate instructions.
As you can see, there are various types of defects involved in product liability lawsuits. But, before you can institute a case, you need to hire an experienced lawyer who knows how to prove that a certain product has caused an injury to you or someone you love. To find the right person for the job, partnering with a legal referral network, like 1-800-Injured, can be a good idea. They can help you connect with the best legal professionals who can handle your unique injury needs.
- Different Parties Can Be Impleaded In Product Liability Lawsuits
For product liability to arise, the product should be sold and be in the hands of the consumers. This means that the injured person doesn’t need to be a buyer before they can recover compensation. As long as the item has been sold, any person who was subsequently injured by the product can be compensated for their injuries.
That being said, different parties who were part of the product’s distribution chain can be sued in product liability lawsuits. These can include:
- Manufacturer of the product
- Maker of the component parts
- Party responsible for the installation or assembly of the product
- Retail store that sold the defective and dangerous product
As what you can glean from the list above, it’s clear that more than one party can be named as defendants. However, in doing so, you should determine the role of each party in your lawsuit with the assistance of a legal professional.
- Filing A Product Liability Lawsuit Comes With Statute Of Limitations
Just like other personal injury cases, product liability lawsuits also have statute of limitations that you need to comply with. It refers to a state-mandated requirement that determines the time limit for filing a case. However, you should keep in mind that the statute of limitations vary from one state to another. In such a case, it’s important to check the statute of limitations by state.
Generally, for product liability cases, the time limit runs from the date when the plaintiff was injured by a defective product. Thus, if the statute of limitations in your state is two years, then you should file your lawsuit within two years from the day you’re injured by the product.
Moreover, you should be aware that filing a product liability lawsuit within the time limit required plays an essential part in winning your case in court. Thus, be wary of the different statute of limitations to ensure you’ll not be barred from initiating a legal action.
- You May Recover Punitive Damages
In product liability lawsuits, you may recover compensation for the injuries you sustained as a result of using a defective or dangerous product. These can include compensation for medical expenses, lost wages, pain and suffering, and many more.
However, aside from these compensatory damages, you may also be entitled to punitive damages, which can be awarded to punish the defendants for their negligence. If it’s proven that the defendants are guilty of negligence, then punitive damages can be given at the end.
The Bottom Line
Realistically speaking, defective and dangerous products can be life-threatening to consumers. The manufacturers or sellers may commit a mistake that can injure someone who buys and uses the product. That’s why when you’re injured as a result of a defective product, you can hire a personal injury lawyer to help you file a product liability lawsuit. Fortunately, by keeping these things in mind, you can increase your chances of filing a successful lawsuit and get the compensation you deserve.