Frequently Asked Questions About Product Liability
Getting behind the wheel is more than just knowing how to drive. It’s important for all drivers to know some of the basic facts of the road and what happens in the event of an accident.
At the J. Gonzalez Injury Attorneys, we strive to keep our clients and the general public informed about essential information regarding product liability, so that they are aware of how to handle the situation. This list should not be considered to be a comprehensive list as the situations surrounding every single product liability accident vary. Contact the offices of J. Gonzalez Injury Attorneys for experienced lawyers who can help iron out the details of your particular situation.
Q: What is a product liability lawsuit?
A: A product liability lawsuit or claim can occur when a victim is injured as a result of using a defective consumer product.
Q: What are the three kinds of negligence in product liability?
A: Types of negligence in product liability claims include:
- Negligent design: The product was designed with a flaw that could potentially result in injury.
- Negligent manufacturing: The product was designed correctly but a mistake occurred during the manufacturing process that made it dangerous.
- Negligent marketing: Any dangers associated with the product were not properly conveyed by the manufacturer or company responsible for making the device.
Q: What is the doctrine of strict product liability?
A: The doctrine of strict liability states that a party can be held liable without a victim having to prove negligence or fault for an accident (in certain circumstances). Strict product liability laws state that a manufacturer or distributor may be liable and owe an injured party compensation if the plaintiff can prove the item had a defective design, became dangerous as the result of a manufacturing error, or there was a failure to properly warn about the dangers associated with the product.
Q: How might someone defend themselves from a product liability lawsuit?
A: The defendant in a product liability claim may attempt to defend themselves by:
- Arguing that the product design or defect did not cause the plaintiff’s injury.
- The plaintiff acted negligently and this contributed to the accident.
- The plaintiff assumed the risk knowing the product could cause an injury.
- The statute of limitations for filing a product liability claim has expired.
Q: What does a product liability attorney do?
A: A product liability lawyer can help to prosecute individuals and companies that have created a harmful product that has caused you or a family member an injury. They work closely with their clients to secure evidence, develop a claim, represent them in their dealings with an insurance company, other lawyers and in trial.
Q: What are three types of product defects?
A: Defective products come in many shapes and sizes, including but not limited to:
- Defective pharmaceutical products that cause illness and injury.
- Furniture that is defectively designed and leads to serious injury.
- A vehicle with a defective mechanical part that is vital for safe operation.
- An electric circuit that has been improperly installed.
- A product that does not disclose all possible side effects.
- A product that is advertised with false claims.
Q: How long does it take to settle a product liability lawsuit?
A: Because each product liability case is unique, it is impossible to give an exact estimate of how long a product liability lawsuit will take to settle. In some instances, a claim can be settled within a few months while in longer, more complex situations, a product liability claim can take years.
Q: How do you prove strict liability?
A: A plaintiff arguing for strict liability must prove that the product was defective, that the product actually caused the plaintiff’s injury, and that the defect made the product unreasonably dangerous.
Q: Who can bring a product liability lawsuit?
A: An individual who has suffered as the result of a product can bring about a lawsuit. In many instances, multiple consumers can join together in a class action or multidistrict litigation if they have suffered similar types of harm as the result of using the same product.