| Products
Liability
Who can bring a Product Liability
suit?
Who can be held accountable in a
product liability case?
What types of damages may be sought in
a product liability lawsuit?
What is product liability?
How do I prove a product is defective?
Can I bring a product liability
against a manufacturer for incorrect product labeling?
Who can bring a Product
Liability suit?
A product liability lawsuit may be brought by or on
behalf of an individual injured or killed by a
defective product against the manufacturer (and
possibly the wholesalers, distributors and seller) of
the defective product. Product liability lawsuits
generally involve several legal theories including
negligence, strict liability, and breach of warranty.
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Who can be held accountable in a
product liability case?
It may be possible to hold any entity in the product's
chain of distribution responsible for the harm caused
by the dangerous product. This could include the
manufacturer of the product, the manufacturer of a
defective component of the product, a distributor of
the product, or the end-seller of the product.
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What types of damages may be
sought in a product liability lawsuit?
A person injured due to a defective product may seek
compensation for:
- medical expenses
- physical pain and suffering
- mental anguish
- disfigurement
- physical impairment
- loss of earning capacity
- property damage
- punitive damages
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What is product liability?
Manufacturers of food products, drinks, engineered
goods, medicines, et cetera are expected to be careful in
their production. If they fail in their duty and are
deemed negligent in the manufacture or design of a
product, they may be
liable under products liability laws.
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How do I prove a product is
defective?
Proving a product is defective requires careful
examination and evaluation of the product by
scientists, engineers, and other experts. It also
requires in-depth study of the history of the
product's design, patenting, and manufacture. Thorough
research of applicable industry and governmental
standards is essential to the successful handling of a
product liability case.
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Can I bring a product liability
against a manufacturer for incorrect product labeling?
Yes. Marketing defects include improper labeling of
products, insufficient instructions, or the failure to
warn consumers of a product's hidden dangers. A
negligent or intentional misrepresentation regarding a
product may also give rise to a product liability
claim.
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