Defective Products

A products liability lawsuit may be the consumer's best weapon against unreasonably dangerous products. Although a person injured by a dangerous product, whether it be an automobile, a toy, a kitchen appliance, or a prescription drug, is justified in seeking compensation for his or her injuries, the consumer should be aware that a products liability lawsuit is oftentimes a hard-fought battle.

The manufacturer generally has no concern for fairness, and settlement proceeds and jury awards are sometimes shockingly small in comparison to the plaintiff's injury. Punitive damages (to punish the defendant) are awarded only in the most egregious cases. For these reasons, it is very important to have an experienced defective products attorney on your side fighting for your rights to compensation for the pain and financial loss you have suffered.

Products liability suits include:

Negligence theories
Strict liability theories
Breach of warranty theories

A negligence theory requires the plaintiff to prove four elements:

Defendant owed a duty to the customer
Defendant (manufacturer) has a duty in making its product, to guard against injuries likely to result from reasonably foreseeable misuse of the products
Plaintiff must show the manufacturer breached its duty
Plaintiff must prove he/she was injured and that the defendant's breach caused the injury

Strict liability is different from negligence in that the injured plaintiff need not show knowledge or fault on the manufacturer's part but must show only that the product was sold or distributed by a defendant, and that the product was unreasonably dangerous at the time it left the defendant's hands.

Regarding breach of warranty, every product comes with an implied warranty that it is safe for its intended use. A defective product that causes injury was not safe for its intended use and thus can constitute a breach of warranty.

A products liability lawsuit generates incentive for manufacturers to produce safer products. If you have been injured by a defective product, it is your right and your duty to contact an experienced defective products attorney today to fight for the compensation you deserve.

Jacoby

Jacoby & Meyers has offices and attorneys throughout the United States, with regional offices in Southern California, Arizona, and New York.