Frequently Asked Questions About Product Liability

A: A product liability lawsuit or claim can occur when a victim is injured as a result of using a defective consumer product.

A: Types of negligence in product liability claims include:

1. Negligent design: The product was designed with a flaw that could potentially result in injury.
2. Negligent manufacturing: The product was designed correctly but a mistake occurred during the manufacturing process that made it dangerous.
3. Negligent marketing: Any dangers associated with the product were not properly conveyed by the manufacturer or company responsible for making the device.

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.

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.

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.

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.

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.

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.

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.