Your Questions About Product Liability: Answered

Navigating the complexities of product liability can be challenging for consumers facing injuries from defective products. This comprehensive FAQ guide will help you understand product liability law, its implications, and how to seek legal representation from an attorney near you to protect your rights and pursue justice.

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Discover essential insights about product liability law, including how to seek compensation for injuries caused by defective products. This guide answers common questions and highlights the importance of consulting an attorney near you for expert legal advice.

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What is Product Liability Law? A Comprehensive Guide

Your Questions About Product Liability: Answered

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What is Product Liability: Everything You Need to Know About Consumer Safety and Legal Rights

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Jan 28, 2025 08:36 PM

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Your Questions About Product Liability: Answered

Product liability law addresses injuries caused by defective and dangerous products. When a product fails to meet safety standards, consumers may have a legal claim against the responsible parties. This FAQ guide explores common questions about product liability law, including types of defects, proving fault, and seeking compensation.

What Does Product Liability Mean?

Product liability refers to a manufacturer or seller being liable for placing a defective product into a consumer's hands. This liability extends to all members of the product's distribution chain, including:

Manufacturer

Manufacturer of component parts

Product designer

Wholesaler

Retail store

Are There Federal Product Liability Laws?

State law primarily governs product liability cases, as there are no federal laws specifically addressing product liability. These state laws often derive from the Uniform Commercial Code (UCC).

What Are Your Options If You're Injured by a Product?

If a defective or dangerous product injures you, you may file a lawsuit under one of three theories:

Strict Product Liability: You do not need to prove negligence; you must show that the product injured you.

Negligence: Prove that the manufacturer, designer, retailer, or distributor owed you a duty of care, breached this duty, and caused your injury.

Breach of Warranty: When a company sells a product, it promises that the item will work as designed and be safe. Breaching these warranties may result in liability for damages.

What Is Strict Product Liability?

Strict product liability is a legal theory that governs most product liability cases. It allows victims to hold manufacturers accountable without proving negligence, focusing instead on the product's condition.

Can I Sue Based on a Product Supplier's Breach of Warranty?

There are two types of warranties: implied and express. You may recover for a breach of an implied warranty if your state has relevant statutes. Express warranties, extended verbally or in writing, may also form the basis of a claim if breached.

What Are Implied Warranties?

Implied warranties apply to most products sold within a state, including the warranty of merchantability and the warranty of fitness for a particular purpose. These warranties state that a product will be fit and safe for its intended use.

Can a Manufacturer Avoid Liability with a Disclaimer?

Manufacturers must disclaim any implied warranties under state law using specific and conspicuous language. If successful, you cannot recover for a breach of such warranties. Consult an attorney to determine if a breach exists.

Can You Use Evidence of Safety Modifications to Prove Your Case?

Generally, you cannot use evidence of subsequent remedial measures to prove negligence or intent. However, it may be used to show other facts, such as ownership or control over the product's design.

Can I Bring a Case If I Do Not Own the Product?

Most states no longer require privity of contract, meaning you do not need to be the purchaser to recover damages.

Can I File a Claim for Injuries Caused by a Prescription Drug or Medical Device?

Yes, you can sue under product liability if a prescription medication or medical device injures you. Compensation may include medical bills, future medical costs, emotional distress, pain and suffering, lost wages, and punitive damages.

What If a Product's Defect Only Caused Property Damage?

You may sue for property damage, such as the fair market value of a destroyed car due to a manufacturing or design defect.

Can I File a Claim on Behalf of a Loved One Who Died Due to a Defective Product?

You may have a legal claim under wrongful death laws if a loved one was injured or died due to a defective product. Consult an experienced attorney to explore your options.

How Long Do I Have to File a Product Liability Claim?

Product liability cases fall under the personal injury statute of limitations, which varies by state. Contact an attorney promptly to ensure your claim is filed within the required timeframe.

Can a Product Liability Lawyer Help?

A product liability lawyer can help you navigate the complexities of your claim, evaluate your case, and seek compensation. Contact an experienced attorney to discuss your legal options.

Conclusion

Product liability law provides essential protections for consumers affected by defective products. By understanding these legal principles and seeking legal advice, consumers can protect their rights and pursue compensation for their injuries.

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