How to File a Product Liability Lawsuit

A product liability lawsuit can be brought against a company for selling or producing a dangerous or defective product. It is an area of personal injury law that is different from other claims in that it does not require the plaintiff to prove negligence or breach of duty. However, there are still several elements that must be present in a successful claim.

Most product liability lawsuits revolve around defects in manufacturing, design or communication. These are the three major categories of product defects that can lead to injuries and property damage. Most often, these cases involve faulty consumer electronics, pharmaceutical drugs, children’s toys and household appliances.

In order to bring a product liability case, the plaintiff must have been injured by the defective product and must have suffered damages as a result. In addition, the injury must be a direct or proximate cause of the damages. An experienced lawyer can help you gather evidence and compile documentation to prove the proximate cause of your injury.

Manufacturers, distributors, retailers and all parties in the distribution chain have a duty to produce products that meet reasonable consumer expectations. If any of these parties fail to meet this standard, they may be held liable in a product liability suit.

Product liability suits are filed on a case-by-case basis and vary in terms of type of injury, accident circumstances and severity of damage. Injured parties can pursue compensation for medical expenses, lost wages, property damage and more in a successful claim.

The first step in bringing a product liability claim is to seek prompt medical treatment for any injuries that you sustained from using the defective product. This will establish the relationship between your injuries and the product, ensuring that you are eligible to receive proper compensation. In addition, it is a good idea to document all of your losses, as you can use these documents in your claim to prove the extent of your damages.

You must be able to show that the faulty product was defective at the time that it left the defendant’s possession and control. To meet this requirement, courts have adopted the consumer expectation standard and risk-utility test. In other words, a product is considered to be defective if its dangers are unexpected given its nature and intended purpose.

A manufacturing defect occurs during the construction phase and can make a product dangerous. For example, a toy could have a manufacturing defect if it has sharp edges. A design defect occurs when a flaw in the original design makes it inherently dangerous for consumers. For example, a dresser that is poorly designed would be inherently dangerous and could easily topple over.

Finally, a failure to adequately warn or market a product can also lead to a lawsuit. For instance, a drug that causes strokes should be marketed with a warning that it can also cause fatal strokes. This is a common form of a product liability lawsuit that can be brought against manufacturers and distributors.

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